2008-2018

i 2008-2018 ii A publication of Human Rights Awareness and Promotion Forum (HRAPF)

Plot 390 Professor Apollo Nsibambi Road P.O. Box 25603 Tel: +256 414 530 683 and +256 312 530 683 Toll free line: 0800 130 683 Email: [email protected] Website: www.hrapf.org : Human Rights Awareness and Promotion Forum - HRAPF - : @hrapf_uganda

iii ABOUT HRAPF

Background Human Rights Awareness and Promotion Forum (HRAPF) is a voluntary, not for profit, non-partisan and non-governmental organisation. HRAPF works for the promotion, realisation, protection and enforcement of human rights through human rights awareness, research, advocacy, capacity enhancement and legal aid service provision, with a particular focus Mission on minorities and disadvantaged groups. To promote respect and protection of human It was established in 2008 with a vision of rights of marginalised persons and Most at improving the observance of human rights Risk Populations through enhanced access of marginalised persons in Uganda. to justice, research and advocacy, legal and human rights awareness, capacity enhancement and strategic partnerships. Legal Status HRAPF is incorporated under the laws of Uganda as a company limited by guarantee, HRAPF’s Objectives and registered as a Non-Governmental 1. To create awareness on the national, Organisation. regional and international human rights regime.

2. To promote access to justice for marginalised persons and Most at Risk Populations groups.

3. To undertake research and legal advocacy for the rights of marginalised persons and Most at Risk Populations groups.

4. To network and collaborate with key strategic partners, government, communities and individuals at national, Vision regional and international level. 5. To enhance the capacity of marginalised A society where the human rights of all groups, Most at Risk Populations and key persons including marginalised persons stakeholders to participate effectively in and Most at Risk Populations are valued, the promotion and respect of the rights of respected and protected. marginalised persons.

6. To maintain a strong and vibrant human rights organisation.

iv Our target constituencies TABLE OF 1. Lesbian, Gay, Bisexual and Transgender (LGBT) persons CONTENTS

2. Intersex Persons

3. Sex Workers About HRAPF iv 4. Women, girls and service providers in conflict with abortion laws

5. People who use drugs Acronyms vi 6. People Living with HIV and TB (PLHIV/ TB) Acknowledgements vii 7. Poor women, children and the elderly with land justice issues Message from the Chairperson, Board of viii Directors HRAPF Values Equality, Justice and Non- Executive summary 1 Discrimination

Transparency, Integrity and Overview of major 5 Accountability developments with an impact on HRAPF’s work in 2018 Learning and Reflection Key programme actions in 9 Quality and Excellence 2018 Teamwork and Oneness

Passion and Drive Access to Justice programme 10

Networking and Collaboration Research and Advocacy 26 programme Slogan Community Capacity 35 Taking Human Rights to all Enhancement programme

Institutional Development 45 programme

Financial position of HRAPF 62 in 2018

v ACRONYMS

African Commission on ACHPR NED National Endowment for Human and Peoples’ Rights Democracy AGM Annual General Meeting NGO Non-Governmental Organisation AJWS American Jewish World Service Open Society Initiative for East AWAC Alliance of Women to Advocate OSIEA for Change Africa PALU Pan African Lawyers Union CEHURD Centre for Health, Human Rights and Development PILAC Public Interest Law Clinic Community Health Alliance CHAU Project to Transform, Inspire Uganda PITCH and Connect the HIV/AIDS Coalition to Stop Maternal response CSMMUA Mortality due to Unsafe SALC Southern African Litigation Centre Abortions CSO Civil Society Organisation SIPD Support Initiative for People with Atypical Sex Development DFPA Danish Family Planning Association SMUG Sexual Minorities Uganda Sexual Orientation and Gender EOC Equal Opportunities SOGIE Commission Identity/Expression

EAHRN Eastern Africa Harm Reduction TEU Trans Equality Uganda Network Traditional Healers and FHRI Foundation for Human Rights THETA Modern Practitioners Together Initiative Against AIDS The German Federal Enterprise GIZ UGANET Uganda Network on Law for International Cooperation Ethics and HIV/AIDS HURINET Human Rights Network Uganda UHRC Uganda Human Rights Commission ICNL International Centre for Not- for-profit Law UHRN Uganda Harm Reduction International Day Against Network IDAHOBIT Homophobia, Biphobia and UN United Nations Transphobia UNNGOF Uganda National NGO Forum ISER Initiative for Socio-Economic Rights UPR Universal Periodic Review Initiative for Strategic ISLA Uganda Women Litigation in Africa UWOPA Parliamentarian’s Association Legal Aid Service Providers LASPNET Women’s Organisation Network WONETHA Network for Human Rights LSN Legal Support Network Advocacy

vi ACKNOWLEDGEMENTS

HRAPF is indebted to the many organisations, communities and individuals who have supported our work in so many different ways during the course of the year 2018 and also over the past ten years.

A first word of gratitude goes to the individuals and organisations who have trusted us to handle their matters and fight for justice with them and on their behalf over the course of 2018 and over the past ten years.

We would not have been able to have the impact and achieve the many victories that we achieved in 2018 and over the ten years had it not been for the support of our network of service providers, government agencies and fellow activists within and beyond Uganda.

We sincerely appreciate the relationships that we have with our partner organisations; it has been a great source of encouragement to find friends in others who fight for justice and equality.

Finally, we are grateful to our donors for making our work possible through their financial support. In particular we wish to thank the following agencies and funds: American Jewish World Service (AJWS); the Elton John Foundation; Fund for Global Human Rights (FGHR); ViiV Healthcare; The International HIV/AIDS Alliance (IHAA) now Frontline Aids; the Danish Family Planning Association (DFPA); Deutsche Gesellschaftfür Internationale Zusammenarbeit - the German Federal Enterprise for International Cooperation (GIZ); National Endowment for Democracy (NED); Open Society Initiative for (OSIEA) and the East African Sexual Health and Rights Initiative (UHAI- EASHRI).

vii MESSAGE FROM THE CHAIRPERSON, BOARD OF DIRECTORS

2018 saw the newly elected Board of Directors effectively start their work. I have been honoured to serve as Chairperson alongside Ms. Tabitha Netuwa (Vice Chairperson); Mr. Alex Ssekatawa as (General Secretary); Ms. Rose Kamuli (Treasurer); Ms. Kasha Jacqueline Nabagesera and Ms. Christine Nakamatte. Mr. Daniel Mugoya served as a Board Member for one year, but regrettably decided to resign due to work commitments. The new team has approached their duties with dedication, innovation and diligence and is sure to lead the organisation to new heights in the remainder of their term.

It is a pleasure to present to you HRAPF’s Some notable achievements of the past Annual Report for 2018. This is the tenth year include the operationalisation of three report of the organisation and it marks regional legal aid centres and the drafting of HRAPF’s 10th anniversary. HRAPF got th a plan to move the organisation’s offices to registered and opened its doors on 14 its own premises. HRAPF is also deepening August 2008, and in August 2018, we its internal capacity through continued marked its 10th year of existence with fanfare th studies and training of staff members. The at our 9 Annual General Meeting. We thank organisation’s Executive Director, Adrian all those who joined us in the celebrations Jjuuko, is leading the way in this regard as and on this eventful 10 year journey of he obtained his Doctor of Laws degree in building a sustainable organisation and of this past year – an achievement for which taking access to justice to some of the most we heartily congratulate him. He has in marginalised persons in Uganda. this regard made a contribution to building The Report captures the activities knowledge on how Strategic Litigation can and achievements of the first year of spur social change in situations of active implementation of HRAPF’s third Strategic homophobia and transphobia. Plan (2018-2022). We have already seen We are grateful to our members, trustees, signs of deepened impact and a new level staff and development partners for making of functioning with the implementation it possible for HRAPF to carry out its work of this Plan, which introduced both the and to continually increase its capacity in Community Capacity Enhancement ‘Bringing Human Rights to All’ for both the Programme and the Monitoring, Evaluation year 2018 and the past 10 years. and Learning Directorate. HRAPF is now a mature organisation and has truly become established through its many years of experience and continued growth. Chairperson,Edward Board Ssemambo of Directors

viii EXECUTIVE SUMMARY 2018 - HRAPF@10!

Celebrating 10 years of existence as an NGO is evidence of commitment, relentless courage, tenacity and hard work, infused with an unwavering passion for justice on the part of the HRAPF team. It also means that HRAPF has ‘come of age’: after ten years a wealth of knowledge and experience has accumulated and systems have been tested and improved to a place where a smooth machine can be run. Allow me to introduce to you HRAPF@10.

In this 2018 Annual Report is a summary of the organisation’s programmes, activities, accomplishments and its financial position for the year.

During 2018, we not only celebrated our HRAPF has held an AGM for every year it has tenth year of existence, but also started existed. Our membership has moved from the full-steam implementation of our new the initial eight founder members to the fifty- Strategic Plan 2018-2022. Many changes four that we have at the moment. were introduced in order to prepare for the implementation of this plan, including Our Trustees remain a team of five. The the adoption of a new programme, the Trustees had one Trustee meeting in which Community Capacity Enhancement they adopted a plan for the construction of Programme as well as a Monitoring, the HRAPF house on land purchased by the Evaluations and Learning Directorate. organisation. Five people have served as HRAPF’s Trustees throughout the ten years. HRAPF’s highest organ, the General Assembly, has retained a membership For the Board of Directors, one member, number of 54. The General Assembly Mr. Daniel Mugoya, resigned during the held its 9th Annual General Meeting (AGM) course of the year for personal reasons. We on Saturday 11th August 2018. The AGM thank him for the dedicated support and coincided with the celebration of HRAPF@10 service during the time he sat on the Board and the recognition of various partners and of Directors. We are grateful to the board friends of HRAPF who had supported the organisation in order to become established, grow, expand and remain resilient in the face of sometimes severe adversity. New strategies are also being implemented to ensure greater involvement of the General Assembly in the day-to-day activities of the organisation, including providing support during HRAPF’s events in their localities. 2008-2018

1 members for their support to the secretariat The Access to Justice and the organisation generally, and wish Mr. Programme: Over the Mugoya well in his future endeavours. The course of the year, 649 Board of Directors sat four times during the cases were handled year. The HRAPF Board of Directors has sat through HRAPF. Of these every quarter since the organisation was 522 were handled by the founded. By the end of 2018, HRAPF had HRAPF legal aid clinic in Kampala, 105 by held 38 board meetings. the community paralegals, and 22 by the regional legal aid centres. Of the 649 cases: At the level of HRAPF’s Secretariat, the 281 were LGBTI cases; 183 were sex worker organisation underwent a staff restructuring cases; 52 involved drug users; 13 concerned in the middle of the year in order to create abortion laws; 31 concerned elderly and two positions for Programme Directors indigent persons facing land justice issues; of Access to Justice and Community and 89 cases involved women/girls living Capacity Enhancement on the one hand, with HIV/AIDS. Through the handling of and Research and Advocacy and M&E on the these cases, at least 1398 beneficiaries other. The organisation appointed its first in- were reached. Over the course of the year, house Information Technology (IT) Officer a total of 198 human rights violations were and also created and filled a new position of documented. The programme conducted a Monitoring, Evaluations and Learning Officer. total of 32 awareness sessions. A total of HRAPF’s three regional legal aid centres 1617 members of HRAPF’s target groups hosted by Blessed Rwenzori Uganda (BRU) were reached through these sessions. in Kasese for the Western Region; Hope Under the objective of engaging communal Mbale in Mbale for the Eastern Region; and justice systems, the HRAPF team worked Health and Rights Initiative (HRI) in Lira, with local leaders to handle and resolve six for the Northern Region were operational cases involving discrimination against our during 2018. We are grateful to our regional target communities. Over the past ten years, partners for allowing the reach of our legal HRAPF has handled a total of 4200 cases. aid services to expand to different parts of Of these, 1169 were LGBTI cases, 582 were the country at a low cost. The organisation sex workers’ cases, 627 cases concerned closed the year with a total of 26 staff. Over women and girls living with HIV/AIDS, 1120 the past ten years, 93 staff members have cases concerned women and the elderly worked at HRAPF. These include: 56 full facing land justice issues, 41 abortion cases; time staff, 16 volunteers, and 21 interns. 129 cases involving drug users and 532 These have been drawn from four different other cases. countries namely Canada, Uganda, South Africa and the United States of America. The Research and Advocacy Programme: Four programmes have been implemented During 2018, two full-scale under the new Strategic Plan 2018-2022: The studies were conducted. Access to Justice Programme; the Research A baseline study was and Advocacy Programme; the Community carried out on access to Capacity Enhancement Programme; and the justice for LGBT persons Institutional Development Programme. A in rural areas in Uganda and a study was also total of 16 projects were implemented during carried out on the policies as well as policy- the year under these four programmes. Over implementation affecting the Sexual and the course of the ten years, HRAPF has Reproductive Health and Rights of LGBTI implemented 66 donor supported projects. persons in Uganda. Over the past ten years, eight major studies have been conducted.

2 Regarding strategic litigation, legal Periodic Review (UPR) Stakeholders’ strategising meetings were held in the Symposium to review progress on the development of a case challenging the Non- implementation of the recommendations governmental Organisations Act, 2016 as made to Uganda during its previous review. well as the Penal Code provisions HRAPF also participated in the 62nd Ordinary criminalising abortion. A case was instituted Session of the African Commission on to challenge subsections of section 168 of Human and Peoples’ Rights in Nouakchott, the Penal Code Act, which criminalise ‘being Mauritania. a rogue and vagabond’ and are part of the vagrancy offences. The case was developed The Community Capacity with the input of lawyers and human rights Enhancement Programme: activists from the Eastern and Southern This new Programme Africa region who were brought together was launched at the in a regional legal strategising meeting beginning of 2018, to held in Kampala, under an Africa wide focus on enhancing decriminalisation of petty offences campaign the capacity of both championed by the African Commission duty bearers and rights holders. During on Human and Peoples’ Rights. An appeal the course of the year, 354 police officers, was also instituted against the High Court 467 health workers, 197 Local Council decision which validated the Uganda leaders, 13 HRAPF staff members, three Registration Services Bureau’s refusal to HRAPF trained paralegals and 12 lawyers register the LGBTI organisation, Sexual were trained in six trainings and 15 human Minorities Uganda. Over the past ten years, rights workshops. These covered issues of ten cases were developed and supported LGBTI marginalisation, the law and policies by HRAPF mainly under the auspices of the governing abortions, the Local Council Act, Civil Society Coalition on Human Rights and 2006 and the documentation of human Constitutional Law (CSCHRCL). Of these, rights violations. The Programme inducted three were successful in court, four were 37 new trainees into the Community unsuccessful and 3 are pending before Paralegal Training Programme, including the courts and the Uganda Human Rights 15 members of the community of Persons Commission. who Use and/or Inject drugs (PWUIDs), and 24 Community Paralegals successfully Ten publications developed during the completed their training during the year. The course of the year include a booklet on total number of HRAPF-trained Community Strategic Litigation conducted on LGBTI Paralegals is thus 149 from the different rights in Uganda; the second issue of the target groups. Two selected Community paralegal magazine and the fifth issue of the Paralegals were awarded scholarships in Human Rights Advocate magazine, which order to undertake a Diploma in Law at the focuses on vagrancy laws. The Violations in Kampala. The Report for violations committed against sex Programme assisted eight organisations workers in the year 2017 was published and in holding their Annual General Meetings launched as well as the report of violations (AGMs) and also provided technical of rights based on gender identity and sexual assistance to 5 other organisations. Five orientation. Over the past ten years, HRAPF awareness sessions were held on the has developed a total of 87 publications. law regulating abortion reaching 278 sex workers. Eight radio and two television talk HRAPF participated in advocacy and shows were held on human rights issues. networking on the national, regional and Over the course of the ten years, HRAPF’s international levels concerning the various police trainings have reached 610 police issues that HRAPF works on. HRAPF also officers, while awareness sessions for participated in the work of regional and marginalised groups have reached over international review mechanisms. HRAPF 10 000 people (10 099). was represented at the National Universal

3 The Institutional 2018 was our first year of implementing the Development Programme: new HRAPF strategic plan 2018-2022. The Over the course of the new plan, building on the foundation laid year, HRAPF’s Security by our previous Strategic Plans, has been Manual was reviewed and enthusiastically implemented by the HRAPF the updated version was team during the course of the year. Over the approved by the Board of Directors. Guidelines past ten years, HRAPF has gone through on requisitions and accountabilities as well three strategic plans. The first one covered as on disposal of organisational assets by the period 2009-2012, the second one the donation were reviewed and operationalised. period of 2013-2017 and now the third one The organisation hosted four interns, one which has guided the organisation’s work volunteer and one trainee during 2018. since 2018. In order to strengthen the Monitoring, Evaluation and Learning of the organisation, The greatest challenge this year was the a new Monitoring, Evaluation and Learning second violent break-in at HRAPF’s offices Directorate was established in the beginning in February and the destabilising effects that of 2018. The Directorate supports project this had on the psychological well-being of implementation through progress monitoring our staff. I am proud to say that our team and evaluation of all HRAPF projects. truly is resilient in the face of adversity and The Directorate has operationalised M&E continued HRAPF’s tradition of excellence tools for data collection customised for all during this tenth year of existence. We also HRAPF projects. It has also conducted field honour our partners, clients and development monitoring visits for cases for all categories partners for all they have done to contribute of target groups that HRAPF serves and to the celebration that is HRAPF@10. Over carried out evaluation exercises on trainings, the past ten years, such incidents have been workshops and awareness sessions. commonplace but HRAPF continues to HRAPF has developed and operationalised persevere. 20 policies over the course of ten years of 2018 marked our tenth year of existence and existence. we celebrated with a lot of fanfare and also I am also happy to report that during the shared our journey in a documentary titled course of the year, I was able to complete ‘HRAPF@10’. We are now firmly moving into my Doctor of Laws Degree from the the HRAPF after 10 period and do commit University of Pretoria, writing on the role to operating as the mature organisation that of strategic litigation in creating social we now are. change in situations of active homophobia and transphobia. This work will also help in guiding how HRAPF engages on LGBTI strategic litigation and advocacy generally. ExecutiveDr. Adrian Director Jjuuko Our Director, Finance and Operations, Anthony Mutimba completed his ACCA, while our Legal Associate, Mercy Patricia Alum completed the bar course. We congratulate them and we are very hopeful that we all shall benefit from these academic achievements.

4 OVERVIEW OF MAJOR DEVELOPMENTS WITH AN IMPACT ON HRAPF’S WORK IN 2018

HRAPF’s work and operating environment is in the global human rights landscape, The directly influenced by the state of democracy United States of America withdrew from the within Uganda, the region and the globe. The United Nations Human Rights Council.6 year 2018 saw the resolution of a number of political conflicts on the international At a regional level, there were a number terrain. North Korea and South Korea signed of promising shifts in the leadership of an accord agreeing that both countries will African countries which tended to result cease all hostile acts against each other.1 in disappointment, digression or simply North Korea also signed an agreement stagnation of the political and economic 7 with the United States of America which situations in the countries involved. indicated a step toward the denuclearisation Zimbabwe held elections in which Robert of the Korean peninsula.2 After two decades, Mugabe was not a running candidate for 8 Russia, Iran, Azerbaijan, Kazakhstan and the first time in more than three decades. Turkmenistan have reached an agreement The election results, however, were strongly to divide the resources of the Caspian Sea disputed and the country has faced political among the five countries and to prevent any and economic instability under its new 9 one of them from using the Sea for setting leader. In February, Jacob Zuma gave in to up a military presence.3 The year also saw the pressure of his party, the African National a continuance of the war in Syria which Congress (ANC), and resigned from his role 10 has resulted in the world’s largest crisis of as president of South Africa. Nevertheless, refugees and internally displaced persons.4 the likelihood of effectively addressing Political uprisings and massive internal corruption on the part of the executive 11 displacement in Venezuela were fueled by remain slim. President Paul Biya started his ongoing hyperinflation and a food crisis.5 In a worrying move, one of the major players 6 ‘US withdraws from UN Human Rights Council’ Al Jazeera 20th June 2018 https://www.aljazeera. com/news/2018/06/withdraws-human-rights- council-180619173311272.html. (Accessed 29th May 1 ‘North and South Korea commit to era of no war’ 2019). CNN 19th September 2018 https://edition.cnn. com/2018/09/18/asia/north-korea-south-korea- 7 ‘Africa’s big political changes didn’t quite deliver the summit-intl/index.html (Accessed 29th May 2019). hopes expected’ Quartz Africa 27th December 2018 https://qz.com/africa/1509026/political-change- 2 Council on Foreign Relations ‘North Korean in-ethiopia-south-africa-zimbabwe-mixed-results/ Nuclear Negotiations 1985-2019’, https://www.cfr. (Accessed 29th May 2019). org/timeline/north-korean-nuclear-negotiations (accessed 8th June 2019). 8 ‘After disputed elections, Zimbabwe government’s credibility is in jeopardy’ Mail and Guardian 21st 3 The countries signed the Convention on the Legal August 2018 https://mg.co.za/article/2018-08-21- Status of the Caspian Sea. See ‘Caspian Sea: after-disputed-elections-zimbabwe-governments- Five countries sign deal to end dispute’ BBC News credibility-is-in-jeopardy (Accessed 29th May 2019). 12th August 2018 https://www.bbc.com/news/ world-45162282 (accessed 29th May 2019). 9 As above. 4 UNCHR ‘Syrian emergency’ https://www.unhcr.org/ 10 ‘Jacob Zuma resigns as president of South Africa’ syria-emergency.html (accessed 8th June 2019). News 24 14th February 2018 https://www.news24. com/SouthAfrica/News/jacob-zuma-resigns-as- 5 ‘Venezuela crisis: How the political situation president-of-south-africa-20180214 (Accessed 29th escalated’ BBC News 30th April 2019 https://www.bbc. May 2019). com/news/world-latin-america-36319877 (accessed 8th June 2019). 11 n 7 above.

5 seventh term as the President of Cameroon continued stay in power. The Constitutional in October.12 President Abdel Fattah al-Sisi Court decided to uphold the amendment was re-elected in Egypt after opposition to the Constitution which removed the age candidates decided not to participate in an limit for presidential candidates, essentially election which they believed would not be allowing current President free and fair and with a voter turn-out of to run for a sixth term.18 According to the less than 50%.13 Ethiopia appointed Sahle- Ibrahim Index of African Governance (IIAG), Work Zewde as its first female president Uganda scores 55 out of 100 for its overall which is believed to be a major step toward governance, which is the same score that the the improvement of women’s rights in the country was accorded in 2017 and slightly country, notwithstanding the ceremonial lower than the 55.9 accorded in 2016, yet 5.1 role of the President in that country.14 points higher than the average for Africa.19 Ethiopia and Eritrea declared an end to the Uganda’s overall governance ranking in war which raged between the two countries Africa is 20 out of 54.20 The Economist for more than two decades.15 An outbreak Intelligence Unit noted an increase in the of the Ebola Virus in North Kivu in August overall political participation in Uganda in 2018 has severely exacerbated a situation of 2018 and an awakened willingness of the political instability and armed conflict in the population to engage in political activism Democratic Republic of Congo.16 The year and to demand for reforms.21 ended with a troubling presidential election which resulted in an immediate exodus of This growing willingness to participate in Congolese nationals to Uganda, in search of political activism was met with hostility and refuge and asylum, and increasing the risk of clampdowns on freedom of expression and Ebola spreading to Uganda.17 assembly from the side of the government. In August 2018, 33 people including Kyadondo On the domestic front, the levels of political East Member of Parliament (MP), Robert stability and democracy remained similar Kyagulani () were arrested during to that of 2017. President Yoweri Museveni by-election campaigns in and charged continued his fifth term, and his 33rd year in with treason and also suffered torture at the power, amid growing discontent about his hands of the security forces.22 Journalists reporting in Arua were also assaulted and detained.23 This followed the murder of the 12 n 7 above. then Arua municipality MP Ibrahim Abiriga 13 n 7 above. 14 ‘Ethiopia’s first female president can be a force for reform’ Al Jazeera 26th October 2018 https://www. aljazeera.com/indepth/opinion/ethiopia-female- president-force-reform-181026085941943.html 18 ‘Uganda court ruling allows President Museveni to (accessed 8th June 2019). rule for life’ VOA 27th July 2018 https://www.voanews. com/africa/uganda-court-ruling-allows-president- 15 ‘Peace is everything: Ethiopia and Eritrea embrace museveni-rule-life (accessed 13th June 2019). open border after long conflict’ National Public Radio 4th November 2018 https://www.npr. 19 Ibrahim Index of African Governance ‘Uganda‘, http:// org/2018/12/04/671260821/peace-is-everything- iiag.online/ (accessed on 11th June 2019). ethiopia-and-eritrea-embrace-open-border-after-long- 20 Mo Ibrahim Foundation ‘2018 Ibrahim Index of Afri- conflict?t=1559117131252 (Accessed 29th May 2019). can Governance’ (2019) 16. 16 ‘Resource rich DR Congo, a country wracked by 21 Economist Intelligence Unit ‘Democracy Index political instability and violence’ France 24 20th 2018: Me too? Political participation, protest and November 2019 https://www.france24.com/en/ democracy’ (2019) 27. 20181220-dr-congo-drc-kabila-violence-election- ebola-africa-cholera-resource (Accessed on 29th May 22 Article 19 ‘Uganda: Vicious crackdown on protests, 2019). journalism, and opposition around by-election’ 24th Augst 2019 https://www.article19.org/resources/ 17 ‘Flood of refugees fleeing Congo raises fears of uganda-vicious-crackdown-on-protest-journalism- spreading Ebola’ CBS News 2nd January 2019 https:// and-opposition-around-by-election/ (accessed 12th www.cbsnews.com/news/ebola-in-the-congo-flood- June 2019). of-refugees-fleeing-congo-raises-fears-of-spreading- ebola/ (Accessed 29th May 2019). 23 As above.

6 in June.24 Six protesters were also arrested Union (IPU) in Geneva voted to ban debate as they attempted to petition the police on the subject of Lesbian, Gay, Bisexual and leadership at the Police Headquarters in Transgender persons within that forum. This Kampala about the trail of kidnappings move was led by the Uganda Speaker of and murder of women and children that Parliament, Rebecca Kadaga, and supported had not been conclusively investigated by 689 of the 1188 MPs representing nations and prosecuted.25 A further clamp down on across the globe.29 Considering the purpose freedom of expression and information took of the Inter-Parliamentary Union, which is the form of a new social media tax which to work for peace and cooperation among was raised requiring users of sites such as peoples and to contribute to the defense and WhatsApp, Twitter and Facebook to pay 200 promotion of human rights, it makes little Uganda Shillings per day.26 sense how the mere debate on the topic of LGBT rights within the IPU could be banned.30 These clampdowns on freedom of expression Kadaga was celebrated by fellow Uganda erode the levels of democracy of Uganda. In parliamentarians for this feat by passing terms of violations of the rights of freedom of a resolution which commended her for expression and association of minority and upholding and protecting Uganda’s cultural marginalised groups that HRAPF works with, values.31 At the same time, the MPs vowed to there has been a number of set-backs from reintroduce the hateful anti-homosexuality government. In May, the Minister of Ethics legislation that was passed into law in 2013 and Integrity, Hon. Simon Lokodo shut down and annulled by the Constitutional Court a celebration of the International Day Against in August 2014.32 These clampdowns on Homophobia, Biphobia and Transphobia the rights of minorities are indicative of the 27 organised by Sexual Minorities Uganda. trajectory of the recognition and protection Hon. Lokodo also vowed to block the Ministry of rights of the general population. of Health’s first Annual Conference on Key and Priority Populations, on the basis that it would promote ‘homosexuality and other dirty things’.28 As a result, the conference was cancelled. In October 2018, legislators participating in the Inter-Parliamentary

24 ‘MP Abiriga, bodyguard gunned down’ The Observer 8th June 2019 https://observer.ug/news/ headlines/57894-mp-abiriga-gunned-down.html (accessed 12th June 2019). 25 ‘Six arrested for protesting at Naguru police headquarters’ 5th July 2018 https:// www.monitor.co.ug/News/National/Five-arrested- protesting-Naguru-police-headquarters/688334- 4596646-ckryg7/index.html (accessed 13th June 29 ‘Kadaga rallies IPU legislators to oppose gay debate 2019). in Geneva’ The Observer 16th October 2018 https:// observer.ug/news/headlines/58921-kadaga-rallies- 26 ‘Uganda introduces social media tax despite criticism’ ipu-legislators-to-oppose-gay-debate-in-geneva Al Jazeera 1st July 2018 https://www.aljazeera.com/ (accessed 13th June 2019). news/2018/06/uganda-introduces-social-media-tax- criticism-180630180322121.html (accessed 13th June 30 As above. 2019). 31 Parliament of the Republic of Uganda ‘Kadaga 27 ‘Uganda: Protests greet shutdown of LGBTI event’ honoured for defeating LGBT agenda at IPU meeting’ Rights Africa 18th May 2018 https://rightsafrica. 14th November 2018 https://www.parliament.go.ug/ com/2018/05/18/uganda-protests-greet-shutdown- news/2909/kadaga-honored-defeating-lgbt-agenda- of-lgbti-rights-event/ (accessed on 11th June 2019). ipu-meeting (accessed 13th June 2019). 28 ‘Uganda: Minister Lokodo blocks HIV/AIDS 32 ‘MPs renew call for anti homosexual law’ conference’ The Monitor 2nd May 2018 https:// 17th April 2018 https://www.newvision.co.ug/new_ allafrica.com/stories/201805030118.html (accessed vision/news/1475795/mps-renew-anti-homosexual- 11th June 2019). law (accessed 13th June 2019).

7 HRAPF suffered the second break-in in less than two years. Two guards were severely injured by the assailants. The organisation’s immediate response was to stage a sit- in demonstration at Old Kampala Police Station, demanding the report on the investigation into the first violent break-in of 2016.33 Two other organisations, ISIS_ WICCE and Twerwaneho Listeners Club, a human rights organisation in Fort Portal, suffered a similar fate.34 In response to police’s continued failure to conclusively investigate these cases, a group of Civil Society Organisations (CSOs), including HRAPF, joined together in December 2018 and requested for a report detailing findings in investigations into break-ins at NGOs from Internal Affairs Minister Gen. Jeje Odongo.35 These attacks, either aimed at LGBT persons in particular or democracy and the observance of human rights in general, doubtlessly impacted on the work and environment of HRAPF. Nevertheless, the organisation remained resilient and focused its efforts toward overcoming challenges, both at organisational level and at the level of strengthening democracy and the observance of human rights within the country and continent.

33 ‘NGO break-ins: State is failing to protect human rights defenders’ Op-ed by Adrian Jjuuko published in The Observer, 20th March 2018 https://observer.ug/ viewpoint/57253-ngo-break-ins-state-is-failing-to- protect-human-rights-defenders.html (accessed 11th June 2019). 34 ‘Human Rights Watch condemns attacks on NGOs’ New Vision 8th August 2019 https://www.newvision. co.ug/new_vision/news/1483038/human-rights- watch-condemns-attacks-ngos (Accessed 10th June 2019). 35 ‘CSOs tasks minister on NGO office break-ins report’ New Vision 15th December 2018 https://www. newvision.co.ug/new_vision/news/1491307/csos- task-minister-ngos-office-break-ins-report (Accessed 11th June 2019).

8 KEY PROGRAMME ACTIONS IN 2018

HRAPF Programmatic Target groups Areas HRAPF’s programmatic work targets marginalised groups and specifically focuses Under the HRAPF Strategic Plan 2018- on: LGBTI persons, sex workers; women and 2022, activities are implemented under four girls living with HIV in rural areas of Central programmes. These are: Uganda; the elderly and women facing land 1. The Access to Justice Programme justice problems in Central Uganda; drug users; and women and health workers that 2. The Research and Advocacy Programme find themselves in conflict with the criminal laws on abortion. 3. The Community Capacity Enhancement Programme 4. The Institutional Development Programme Implementation of Programmes HRAPF Strategic Objectives Implementation of activities was done under the four programmatic areas through Increased access to sustainable justice a number of projects supported by our for marginalised persons and Most at different donors. In terms of staffing, Risk Populations in Uganda. programmatic work was done under HRAPF’s different units, which are: The Enhance research, networking and Access to Justice (Sexual Minorities) Unit; advocacy for a just and fair legal The Access to Justice (Land and HIV) Unit; and socio-cultural environment The Research and Advocacy Unit; The that promotes equality and non- Community Capacity Enhancement Unit; discrimination. the Monitoring and Evaluation Directorate; Enhance the capacity of rights holders the Administration and Human Resources and duty bearers to effectively advocate Unit; and the Finance Unit. The activities of for and protect the rights of marginalised the organisation for 2018 will be presented persons and Most at Risk Populations in according to the various programme areas. Uganda.

Strengthen HRAPF’s institutional capacity, financial independence and operational efficiency to deliver its mandate.

9 THE ACCESS TO JUSTICE PROGRAMME

HRAPF has been implementing the Access to Justice Programme since 2010 and 1) Legal aid service has reached over 10,000 marginalised provision persons through this programme, either directly or indirectly. Its objective is to Over the course of the year, 649 cases were increase sustainable access to justice for handled through HRAPF. Of these 522 were marginalised persons and Most At Risk handled by the HRAPF legal aid clinic in Populations in Uganda in order to improve Kampala, 105 by the community paralegals, their wellbeing. In order to strengthen and 22 by the regional legal aid centres. Of the impact and outreach of the legal aid the 649 cases: 281 were LGBTI cases; 183 service provision, mobile legal aid camps were sex worker cases; 52 involved drug and awareness sessions are conducted users; 13 were abortion cases; 31 cases at regional and district level and in some concerned elderly and indigent persons cases in partnership with organisations facing land justice issues; and 89 cases of marginalised persons and Most At Risk involved women/girls living with HIV/AIDS. Populations communities, which, in turn The number of cases handled is lower than enables a stronger level of involvement of the number for 2017 in which 772 cases our target groups, communities and leaders. were handled. There was a 15% increase in the number of cases of LGBTI persons, The efforts of the programme is from 2017 in which 245 cases were handled. supplemented by building the capacity HRAPF handled more cases of sex workers of paralegals and other resource persons in 2018 by 44%. The cases of PWUDs identified by the respective marginalised decreased by 33% while there were four persons and Most at Risk Populations more abortion cases, and 94 cases involving organisations and networks to be able to women/girls living with HIV/AIDS. HRAPF’s work within their communities to increase land justice cases reduced by a drastic 85% access to justice. HRAPF also partners with due to a gradual shift in focus of the legal mainstream human rights organisations aid clinic. and legal aid service providers to expand legal aid for marginalised persons and Most at Risk Population groups and to provide mentorship to paralegals. It also works with the informal justice systems and traditional cultural structures to address injustices through mediation. 649 The Programme employs the following strategies:

Legal aid service provision Cases handled Engaging Communal Justice Systems through HRAPF over Support to the Community Paralegal the course of the Programme year. Strategic partnerships and collaboration

The outputs under this programme were as follows:

10 Chart 1: Percentage distribution of cases handled per target group

2 1429 8 2 Beneficiaries of the 1 legal aid services recorded for the 8 year 2018. 2 28 8 increase from 2017 in which 245 cases were 1 handled. In terms of completion rate, 152 of the 214 cases were finalised while 129 were 8 still pending by the end of the year, which LGBTI persons21 HIV 1 Land Drug Users gives a completion rate of 54%. Sex Workers Abortion Nature of cases: Of the 281 LGBTI cases handled, 98 (35%) were civil matters besides 0 organisational matters. Organisational 1 matters made up 6% of the cases (17 28 At least 1429 beneficiaries were recorded to matters), while criminal arrests without have benefited from the legal aid services for 11 prosecution had 75 cases (27%) and the year 2018: Of the 1429 beneficiaries, 531 criminal arrests with prosecution were 59 were women and girls affected by HIV, 238 28 (21%). There were also 32 cases of crimes were indigent women and elderly persons committed against LGBTI persons reported facing land justice challenges, 307 were sex to police. workers and their children, 348 were LGBTI persons and organisations, 52 were people injecting8 and using drugs, while 20 were women, girls and health workers caught up 21 by the law on abortion. 281 8 a) Legal aid to LGBTI persons Of the cases were 21 Number of cases: During 2018, a total number of 281 cases were handled in which the handled in which clients were LGBTI persons. This is a 15% the clients were 0 LGBTI persons. Table 1: Nature of cases 1 0 NATURE OF CASES NUMBER CLOSED PENDING 1 Criminal Matters 166 82 84 11 Criminal arrest without prosecution 75 57 18 Theft 14 9 5 11 Having carnal knowledge against the order of nature 11 9 2

11 NATURE OF CASES NUMBER CLOSED PENDING

Personation 7 6 1 No charges preferred 5 5 0 Rogue and vagabond 4 4 0 Obtaining money by false pretences 4 3 1 Assault 4 1 3 Possession of suspected stolen property 2 2 0 Traffic offences 2 2 0 Threatening violence 3 2 1 Possession of opium 2 2 0 Obstruction of justice 2 2 0 Child neglect 1 1 0 Public nuisance 1 1 0 Kidnapping 1 1 0 Frequenting a place used for smoking opium 1 1 0 Gambling 1 1 0 Indecent assault 1 1 0 Malicious damage to property 1 1 0 Murder 1 1 0 Obstructing justice 1 1 0 Trespass 1 1 0 Embezzlement 1 0 1 Defilement 1 0 1 Human trafficking 1 0 1 Robbery 1 0 1 Water theft (illegal connection) 1 0 1 Criminal arrest with prosecution 59 12 47 Theft 21 4 17 Having carnal knowledge against the order of nature 11 1 10 Possession of opium 5 2 3 Malicious damage to property 4 0 4 Aggravated defilement 3 0 3 Rogue and vagabond 3 1 2

12 NATURE OF CASES NUMBER CLOSED PENDING

Fraud 2 0 2 Simple robbery 2 0 2 Assault 2 1 1 Obtaining money by false pretences 2 1 1 Personation 2 1 1 Frequenting a place used for smoking opium 1 1 0 Public nuisance 1 0 1 Criminal matters reported to the police by LGBTI persons 32 13 19 Assault 18 5 13 Threatening violence 5 2 3 Theft 4 2 2 Demanding money with threats 1 1 0 Kidnap 1 1 0 Public nuisance 1 1 0 Rape 1 1 0 Criminal trespass 1 0 1 Civil matters 115 70 45 Civil cases of individuals 98 56 42 Discrimination 19 5 14 Contract 12 8 4 Blackmail 10 6 4 Asylum 8 8 0 Eviction 8 5 3 Land matters 7 1 6 Defamation/ breach of privacy 4 4 0 Employment matters 4 3 1 Theft/ conversion 4 3 1 Name change 4 2 2 Threatening violence 3 3 0 Succession 3 0 3 Child custody 2 2 0 Name verification 2 1 1

13 NATURE OF CASES NUMBER CLOSED PENDING Birth registration 2 1 1 02 Civil marriage 1 1 0 Community dispute 8 1 1 8 0 Fraud 1 1 0 Traffic incident 1 1 0 Assault 1 1 10 1 Child neglect 1 0 1 Divorce 1 0 1 Organisational matters 17 14 3 Incorporation 5 2 3 Police raids 28 3 283 0 Eviction 3 3 0 Burglary 3 3 0 Resolutions 2 2 2 0 8 Employment contracts 1 1 0

Total 1281 152 129 8 8 21 21

There was a very high number of cases of 28 arrest of LGBT persons (134 cases), which Chart 2: Percentages of beneficiaries per is almost double the number of cases of category arrest recorded in 2017 (68). This increase in number does not perhaps necessarily 8 indicate an upsurge in arrests, but can rather 210 0 be attributed to the reach of the Community Paralegal programme and the fact that a larger number of cases1 are responded to and 1 handled than had been the case in the past. 0

Number of beneficiaries: 333 LGBTI persons 1 benefitted from the 281 cases that were handled during the year, of these, 2911 identify 11 11 as lesbians, 132 were gay men, 48 were self-identifying bisexuals, 35 transgender persons and 19 LGBTI organisations and Lesbians Bisexual persons 70 of them did not indicate their sexual Gay men Organisations orientation or gender identity and are Transgender Others therefore categorised as others. persons

14 Nature of cases: The majority of the cases were criminal matters (130), which included 58 arrests without prosecution, and 17 criminal arrests with prosecution. The other 333 cases concerned: assault (23 cases); theft (13 cases), robbery (4 cases); and rape (3 LGBTI persons cases) and other crimes committed against benefitted from the sex workers. 281 cases that were Interventions were made at the police level to handled during the negotiate the release of clients in 53 cases. year. Clients were assisted to lodge complaints in 23 cases and were represented in court in 14 cases. HRAPF lawyers and paralegals conducted mediations in 36 cases, provided legal advice in 102 cases. As a result, police Remedies obtained for clients: The most bond was obtained in 28 cases and bail in 6 common remedy obtained for clients was cases, in 11 cases the clients were released securing of police bond (35 cases). In 7 without charges and mediation agreements cases bail was secured and in 14 cases were reached in 6 cases. the HRAPF lawyers or paralegals ensured that the clients were released without charges. Other remedies obtained include facilitating mediation agreements (26 cases) and drafting verification reports to enable emergency assistance (12 cases). 183 b) Legal aid to sex workers Cases of sex workers Number of cases: 183 cases were handled handled during the during the year, representing a 44% increase from the 127 cases handled in 2017. 110 of year, a 44% increase the cases were finalised while 72 remained from those handled pending. This is a completion rate of 60%. in 2017 (127).

Table 2: Nature, number and status of sex worker cases received during the year

NATURE NUMBER CLOSED PENDING

Criminal matters 130 93 37 Criminal arrest without prosecution 58 51 7 Theft 14 11 3 Rogue and vagabond 12 12 0 Assault 8 7 1 No charges preferred 4 4 0 Murder 3 3 0

15 NATURE NUMBER CLOSED PENDING

Possession of opium 3 3 0 Robbery 3 2 1 Child neglect 2 2 0 Malicious damage to property 2 2 0 Threatening violence 2 2 0 Personation 1 1 0 Possession of counterfeit currency 1 1 0 Prostitution 1 1 0 Causing financial loss 1 0 1 Domestic violence 1 0 1 Criminal arrest with prosecution 17 11 6 Rogue and vagabond 4 2 2 Theft 3 2 1 Assault 3 1 2 Threatening violence 2 2 0 Idle and disorderly 1 1 0 Nuisance 1 1 0 Possession of opium 1 1 0 Prostitution 1 1 0 Fraud 1 0 1 Criminal matters reported by sex workers to the Police 55 31 24 Assault 28 19 9 Theft 13 7 6 Robbery 4 1 3 Obtaining money by false pretense 3 1 2 Rape 3 1 2 Threatening violence 1 1 0 Indecent assault 1 0 1 Domestic Violence 1 1 0 Malicious damage to property 1 0 1

16 NATURE NUMBER CLOSED PENDING

Civil matters 53 18 35 Child neglect 21 3 18 Land matters 9 6 3 Eviction 4 3 1 Contract matters 4 2 2 Succession disputes 3 0 3 Divorce 2 0 2 Child custody 2 1 1 Domestic dispute 1 1 0 Threatening violence 1 1 0 Marriage registration 1 1 0 Insurance claims 1 0 1 Loss of passport (passport replacement) 1 0 1 Labour disputes 1 0 1 Name verification 1 0 1 Separation 1 0 1 TOTAL 183 110 72

Number of Beneficiaries: The actions c) Legal aid to drug users taken in these cases benefitted a total During 2018, HRAPF handled 52 cases of drug of 326 persons, of whom 275 were users. While 42 of these direct beneficiaries and 51 were indirect cases were criminal in beneficiaries, mostly children of sex nature, 10 were civil workers. cases. This is a shift from 2017 in which Remedies obtained for clients: all cases handled 52 Interventions were made at police were criminal in level to negotiate the release of clients nature. The most Cases of drug users in 53 cases. Clients were assisted common charge is to lodge complaints in 23 cases for possession of HRAPF handled and were represented in court in 14 opium (24 cases). during 2018. cases. HRAPF lawyers and paralegals PWUIDs are also conducted mediations in 36 cases and charged under the rogue provided legal advice in 102 cases. and vagabond provision As a result, police bond was obtained (4 cases) and for frequenting a in 28 cases and bail in 6 cases, in 11 place used for smoking opium (2 cases). HRAPF cases the clients were released without handled 6 land and one eviction matter of drug charges, mediation agreements were users as well as one case in which the client was reached in 6 cases. denied a national identification card.

17 Table 3: Nature, number and status of drug user cases received during the year

NATURE NUMBER CLOSED PENDING

Criminal Matters 40 28 12 Criminal arrest without prosecution 17 14 3 Possession of opium 12 12 0 Assault 2 1 1 Theft 2 1 1 No charges preferred 1 1 0 Rogue and vagabond 1 1 0 Burglary 1 0 1 Criminal arrest with prosecution 19 13 6 Possession of opium 12 9 3 Being rogue and vagabond 3 2 1 Frequenting a place used for smoking opium 2 2 0 Theft 2 0 2 Criminal matters reported to Police by PWUIDs 4 1 3 Assault 3 1 2 Threatening violence 1 0 1 Civil Matters 10 3 7 Land matters 6 2 4 Discrimination 1 0 1 Eviction 1 1 0 Contract matters 1 0 1 Domestic disputes 1 0 1 TOTAL 50 31 19

Number of beneficiaries: The actions taken also secured one successful mediation and in these cases benefitted a total of 141 provided legal advice in 3 cases. beneficiaries, of whom 134 were male and 7 were female. d) Legal aid to women and girls in conflict with the abortion laws Remedies obtained for clients: The majority Number of cases: 13 abortion cases were of actions taken to support drug user clients handled during the course of the year. Nine were police interventions (in 25 cases). of these cases concerned the charge of Ten clients were released on bond, while procuring abortions while the remaining 8 were released on bail and plea bargains four were cases of women and girls who were obtained in 6 cases. The HRAPF team had carried out abortions. Out of the 13

18 cases, 10 were completed and closed, organised by the King which included while 3 remained pending amounting to a a legal aid camp among the activities for the completion rate of 77%. Three of the cases day. Legal advice was provided in 48 matters were for health workers and 8 were for girls for women attending the Buganda Women and women and 2 concerned men charged Convention. with procuring abortion. Table 4: Table showing nature and number Number of beneficiaries: There were a total of land cases handled during 2018 of 40 beneficiaries in these cases. Of these 8 were women and girls, 3 health workers, 4 NATURE NUMBER CLOSED PENDING men and 25 were indirect beneficiaries and were in most cases children of the women Succession 7 4 3 and girls arrested. disputes Trespass to Remedies obtained for clients: In 3 cases, the 5 5 0 land HRAPF team facilitated mediations which Unlawful led to the withdrawal of charges at the police. 5 4 1 Police interventions were made in 7 cases eviction leading to the release of clients, either on Breach of 5 3 2 bond or without charges. In 5 cases, clients contract were represented in court which led to one Transfer of 4 3 1 client receiving a mitigated sentence, one titles client being released on caution, one client Fraudulent who is a health worker to be maintained 2 2 0 sale of land on the Roll of Nurses and one client to be accepted to return to school. Caveat 1 1 0 Domestic 1 1 0 violence Malicious damage to 1 1 0 13 property TOTAL 31 24 7 Abortion cases handled during the The majority of the course of the year. cases handled were succession disputes (7), followed by 31 e) Legal aid to women, children and the unlawful elderly facing land justice issues evictions and Land cases received Number of cases: A total of 31 land cases were breach of and handled, an 85% received and handled, which amounts to an 85% contract (5). The decrease from the HRAPF team decrease from the previous year in which 212 previous year (212). cases were handled. The reason for the decrease also handled 2 is the fact that HRAPF has moved its focus cases of fraudulent away from handling random land matters sale of land and one to targeted ones. During the year, 20 cases case of malicious damage pending from previous years were finalised. to property. During the year, 24 cases were HRAPF provided legal aid services at the closed while 6 were still pending, amounting Buganda Women Convention, an event to a completion rate of 80%.

19 Beneficiaries: A total of 175 beneficiaries f) Legal aid to persons living with HIV were registered of which 64 were children, Number of cases: During 2018, 89 cases were 61 women, and 50 elderly people. handled which is a 15% decrease from 2017 in which year 94 HIV cases were handled. Remedies obtained for clients: In 4 of the Cases were received from Mpigi, Luwero, cases mediations were facilitated leading Mityana and Kiboga. Out of the cases to a resolution of the land disputes. A total received, 30 were closed and there was thus of 16 cases were transferred to partner a completion rate of 38%. During the year, 14 organisations. pending cases from 2017 were also closed.

Table 5: Table showing nature and number of HIV cases handled in 2018

NATURE NUMBER CLOSED PENDING

Succession dispute 28 10 18

Child neglect 10 5 5

Trespass to land/kibanja 9 6 3

Domestic violence 8 4 4

Denial of medical care 7 5 2

Evictions 7 4 3

Fraudulent sale of land 7 4 3

Family dispute 3 2 1

Breach of contract 2 2 0

Child custody 1 1 0

Compensation for injuries 1 1 0

Land purchase agreement 1 1 0

Lodging of Caveat 1 1 0

Malicious damage to property 1 1 0

Professional misconduct 1 1 0

Defilement 1 0 1

Rape 1 0 1

TOTAL 89 48 41

20 The majority of cases were land matters children, 167 women and 33 men. The (21), succession disputes (19) and evictions number of beneficiaries is higher than the (7 cases). There were also a large number of number of cases since many of the cases cases dealing with conflict within the family concerned land and succession matters; at either arising from or being exacerbated by the conclusion of the case large numbers of the HIV positive status of one or more of the family members and dependents benefitted family members as shown in the 7 cases of along with our clients. domestic violence, 8 cases of child neglect and one case concerning child custody. The Remedies obtained for clients: Out of the total HRAPF team also handled 7 cases of denial of 89 cases, 20 mediations were handled of medical care where 2 were on the right to leading to the recovery of bibanjas, the health and 5 cases of discrimination on the securing of maintenance as well as custody basis of HIV/AIDS status. over children and ensuring that clients were able to receive access to medicine. One Beneficiaries: The HIV cases handled had transfer of a land title was successfully a total of 531 beneficiaries, 331 being handled and one caveat lodged.

2) Documentation of human rights violations

During the course of the year, HRAPF cruel, inhuman and degrading treatment and continued to document violations of the punishment; and 3 instances of the violation rights of members of our target groups. of the rights to equality and freedom from discrimination. a) Rights of LGBTI persons A total number of 127 human rights d) Rights of women and health workers in violations were recorded in LGBTI cases with conflict with abortion laws the right to liberty being the most commonly For women, girls and health workers in violated (in 40 cases). There were also a high conflict with the law on abortion, there were number of violations of the right to equality 3 recorded instances of the violation of the and freedom from discrimination (32 cases); right to liberty due to arbitrary arrest. the right to dignity and freedom from cruel treatment (22 cases) and the right to privacy e) Rights of women and elderly on land (19 cases). Among the cases of women and the elderly with land justice issues, there were three b) Rights of sex workers recorded violations of the right to property. There were 49 reported cases of human rights violations in sex workers’ cases, with f) Rights of women and girls living with HIV the most commonly violated rights being the There were 7 instances of the violation of right to freedom from cruel, inhuman and the right to freedom from cruel, inhuman and degrading treatment (27 cases) and the right degrading treatment; 2 instances of violation to liberty (16 cases). of the right to health; and 2 instances of the violation of the right to equality and freedom c) Rights of PWUIDs from discrimination. A total of 22 violations were recorded in drug users’ cases: 12 instances of the violation of the right to liberty; 7 instances of the violation of the right to dignity and freedom from

21 3) Awareness sessions to increase demand for legal aid services

During the course of the year, a total of 32 A total number of 1617 people were reached awareness sessions were held with various through these awareness sessions. of HRAPF’s target groups. The purpose of the sessions was to increase knowledge of laws and human rights and thereby also to People reached increase the demand for legal aid services as through these people who face various kinds of challenges 1617 awareness would be aware that their matters could be sessions. handled by lawyers.

Table 6: Outreach session by type, number and target groups reached

Type of outreach session Number Target group(s) reach

Outreach sessions conducted by HRAPF-trained 8 LGBTI persons Community Paralegals

Awareness sessions on laws, policies and human 1 LGBTI peer leaders and rights educators

Awareness sessions on laws and human rights 4 Sex workers

Awareness sessions on the law, human rights and 11 People Who Use and Inject criminal justice system Drugs

Awareness sessions on human rights and legal aid 8 People Living with HIV/ camps AIDS

Table 7: Number of people reached during awareness sessions LGBTI persons 408 32 Sex workers 147 Awareness sessions People Who Use and Inject Drugs 320 held with various of HRAPF’s target People living with HIV/AIDS 742 groups.

Total 1617

22 HRAPF’s Legal Assistant, Eriya Nawenuwe facilitating at an awareness session with peer leaders and paralegals from the community of PWUIDs.

4) Engaging communal justice systems

This strategy envisions engaging Local allow for consultations with the local leaders Council authorities and traditional dispute after the reports of insecurity in the area resolution mechanisms to handle cases became extreme. through alternative dispute resolutions and to engage HRAPF-trained Local Council In another case, the community started to (LC) leaders in communal justice system to threaten the members and clients of an address injustice through mediation. LGBTI origanisation and spread malicious rumours designed to increase homophobia During the year 2018, HRAPF worked with and intolerance for them in the area. This local leaders to handle and resolve six was resolved when HRAPF supported the cases involving discrimination against our organisation to hold a meeting with the target communities. In one case, the LC members of the general community, church chairperson and the Police were threatening leaders, the LC 1 Chairperson of the area, to evict all sex workers from , and this the Officer in Charge of the police post. LC was handled through a meeting with them, 1 chairpersons were also directly involved in attended by 67 sex workers, five members handling 15 HIV cases by mobilising meetings of the Local Council, the Officer in Charge and coordinating their proceedings. of Kireka Police Station and the Community Liaison Officer. This was originally intended to be an awareness session with sex workers under the UHAI project but was modified to

23 HRAPF’s Legal Associate Mercy Patricia Alum (left) and and Community Paralegal, Clovice Nyakatura (2nd right) with the Officer in Charge of Kawempe Police Station, the Local Council 1 Chairperson and the Executive Director of one of our partner organisations after a mediation session.

5) Support to the Community Paralegal Programme

The Community Paralegal Programme each quarter of the year 2018. The sessions continued to flourish during the year. were cumulatively attended by 59 persons. Paralegals trained to handled cases of These sessions were used to share the various of HRAPF’s target groups had been work done by the paralegals, guide them active and during the course of the year on how to document cases and human 105 cases were handled by paralegals rights violations, how to respond to cases at who are not attached to HRAPF’s regional police and preliminary interventions through centers, with the support and guidance courts, and to refresh their memories on from HRAPF’s Access to Justice team. human rights and the law generally. Eleven HIV cases were handled by HRAPF- trained paralegals; 67 cases were handled HRAPF-trained paralegals also played an and reported by LGBTI paralegals, 25 by sex important part in mobilising awareness workers’ paralegals and 2 by a trainee from session where they were often the main the community of PWUIDs. facilitators, with support from the HRAPF Access to Justice team. Four quarterly paralegal sharing sessions were held with paralegals working with LGBTI persons during the year and was attended by a total of 121 paralegals. Another four paralegal sharing sessions were also held with sex worker paralegals for

24 6) Strategic partnerships and collaboration

During the course of the year, 15 meetings of 4200 cases. Of these, 1169 were LGBTI were either held with partners or partner cases, 582 were sex workers’ cases, 627 cases meetings were attended including three concerned women and girls living with HIV/ meetings with other legal aid service AIDS, 1120 cases concerned women and the providers. These meetings included three elderly facing land justice issues, 41 abortion meetings with the Legal Support Network cases and 129 cases involving drug users. (LSN) and CEHURD on Constitutional 532 cases were handled of clients who are not Petition 10 of 2017 and one meeting with members of our target constituencies. HRAPF the UN Office of the High Commissioner on is also proud of the way in which the legal aid Human Rights on strategic documentation, clinic has multiplied its impact by training monitoring and advocacy. Two meetings Community Paralegals and supporting them were held with Sexual Minorities Uganda with our legal aid clinic’s knowledge, skills (SMUG) concerning the case on their and experience. The legal aid clinic has also organisation’s registration which was in the deepened its impact by engaging and working High Court this year. with community leaders in order to ensure the protection of rights of HRAPF’s target groups Programme summary and at community level. From 2015 onwards, HRAPF working with a ten year achievements consortium of other organisations who work with LGBT persons, have released annual The Access to Justice Programme, as the reports on verified violations committed Programme hosting HRAPF’s flagship legal against LGBTI persons on the basis of their aid clinic, has grown and differentiated itself sexual orientation and gender identity. over the course of ten years. HRAPF has established the only legal aid clinic in Uganda From 2016 onwards, annual reports on the which offers specialised services to members verified human rights violations committed of stigmatised minority groups. Over the against sex workers have also been years, the legal aid clinic has expanded its published. HRAPF’s awareness sessions services and evolved in order to cater for have reached out to members of our target various categories of clients belonging to groups in the past 10 years. minority groups. HRAPF has handled a total

06 4200

Cases handled and resolved involving Total number of discrimination against cases HRAPF has HRAPF’s target handled in 10 years. communities.

25 RESEARCH AND ADVOCACY PROGRAMME

The Research and Advocacy Programme objective is to enhance research, advocacy 1. Knowledge generation and networking for a just and fair legal and policy environment that promote rights, a) Research and baseline studies equality and non-discrimination. The goal During the year, HRAPF conducted one is to achieve systemic changes towards baseline study and rolled out two research the realisation of the rights of marginalised studies. Details are provided below. persons and Most at Risk Populations informed by evidence-based advocacy. i) Baseline study on access to justice to LGBT persons in rural areas in Uganda: Through the programme, HRAPF works to In a bid to understand the dynamics of contribute towards enhancing an enabling access to justice for rural LGBTI persons legal and policy environment where the in Uganda, HRAPF commissioned a rights of marginalised persons and Most at baseline study in the four regions of the Risk Populations are upheld and respected. country. The study among other things HRAPF employs the following strategies to found that although formal justice achieve its objectives under this programme: mechanisms exist, HRAPF over relies on the police as regards resolution of Knowledge generation disputes both civil and criminal and yet informal mediation mechanisms prove National, regional and international quite effective in resolving disputes advocacy campaigns involving LGBT persons while Local Councils are not generally considered Strategic Interest Litigation a viable avenue for obtaining justice for National, regional and international LGBT persons. networking ii) Baseline study on policy gaps that Convenings hinder access to Sexual Reproductive Health and Rights for LGBTI persons in Uganda: A study was carried out on the policies as well as policy-implementation affecting the Sexual and Reproductive Health and Rights of LGBTI persons in Uganda. This study was carried out with the continuous input from the Ministry of Health and a variety of stakeholders including representatives from various LGBTI organisations.

26 Ms. Susan Baluka, Legal Officer, Research and Advocacy, facilitating at a dissemination meeting with members of civil society held at Fairway Hotel on 5th December 2018.

iii) Study on the impact of the legal regime c) Document violations of rights of on the human rights of intersex persons marginalised groups and Most at Risk in Uganda: HRAPF also commenced an Populations ongoing study on the impact of the legal i) A strategic litigation booklet was also regime on the human rights of intersex published on all the strategic litigation in persons in Uganda in order to deepen respect of LGBTI rights that have been our work on this particular group going undertaken in Uganda. This was finalised forward. The study is carried out in and 164 copies distributed. collaboration with Support Initiative for People with congenital Disorders (SIPD). ii) The 2018 Sex Workers’ Violation Report: This report compiled incidents b) Analysis, simplification and translation of violations of rights of sex workers that of new laws and policies occurred in 2017. The report revealed that there were 186 documented A fact sheet on Resolution 275 of the African violations of rights of sex workers of Commission on Human and Peoples’ Rights which 153 violations were perpetrated on Protection against Violence on the Basis by state agencies. The right to liberty of Real or Presumed Sexual Orientation was the most violated and the police still and Gender Identity was published and emerged as the highest perpetrator of the disseminated. violations. The report was launched on the 30th of November 2018.

Community members, the Secretary of the Equal Opportunities Commission, the Deputy Executive Director of HRAPF and the PITCH Country Focal Person launching the 2017 Sex Workers’ Violations Report.

27 iii) The 2018 LGBT violations report. In 2018, HRAPF once again published the Uganda report of violations of rights of people based on their sexual orientation and gender identity. According to the report 74 violations were documented in 2017 showing a great decline from 171 violations recorded in 2016. The report also revealed that non-state actors perpetrated more violations than state actors in 2017 accounting for 60.8% of all the violations. The report was published online and a copy can be obtained at https://hrapf.org/index.php/resources/violation-reports. d) Routine publications

During 2018, HRAPF continued to publish a number of its routine publications as discussed below. An Annual Publication of Human Rights Awareness and i) The Fifth Issue of the Human Rights Promotion Forum Advocate: During the year, the fifth issue of The Human Rights Advocate magazine was published. The focus of this issue is section 167 and 168 of the Penal Code Act which comprise the ‘Idle and disorderly’ laws. Academics, human rights lawyers and members FIFTH ISSUE - NOVEMBER 2018 of the most affected groups express their views on how these ‘Idle and When being poor and ‘undesirable’ is a crime: Reflections on the impact of the ‘Idle and disorderly’ disorderly’ laws affect marginalised laws on marginalised groups in Uganda persons in Uganda, especially LGBTI persons, sex workers, PWUIDs and street vendors. Regional voices were also included from activists in the regional Decriminalisation of Petty Offences Campaign and a lawyer who worked on the case in which similar colonial provisions were nullified by the Malawi High Court in 2017.

ii) The Paralegal Magazine: The second issue of ‘I am a Community Paralegal’, HRAPF’s annual publication documenting the work and achievements of paralegals trained through the HRAPF Community Paralegal Programme, was published. This issue of the magazine focused on Community Paralegals who completed their training in the year 2012 as well as those who have established their own organisations after the completion of their training. A copy can be downloaded at https://hrapf.org/index. php/resources/paralegal-magazine/.

A publication of 28 iii) The 2017 Annual Report: HRAPF f) Media Management released its 9th Annual Report in 2018. The report profiled its work over the year During 2018, HRAPF’s website was 2017 and noted that HRAPF had grown redesigned and updated. A total of 119 tremendously over the years reaching out Facebook posts and 128 Tweets on to more groups marginalised beyond the advocacy issues and events of interest to original two groups. HRAPF, our clients and partners were made during the year.

2. National, regional and international advocacy campaigns

a) National advocacy

i) A workshop was attended to review the training guide for health care workers to provide Key Population (KP) Friendly health services in Uganda. This 2017 was done in conjunction with THETA, ANNUAL the Ministry of Health, Most at Risk Populations Initiative (MARPI) and other REPORT CSOs working with KPs, and it will be Full Version key in improving health services for key populations in Uganda.

ii) Six press statements were published during the course of the year. These www.hrapf.org were on the break-in into HRAPF offices, the filing of the vagrancy case in the Constitutional Court, upon the occasion of the International Day Against Homophobia, Biphobia and Transphobia; International Women’s Day; International Safe Abortion Day and International e) Knowledge Centre and dissemination of Human Rights Day. publications iii) Five dialogues where held with HRAPF’s Knowledge Centre continued to university law students to discuss the operate during 2018 and made publications laws regulating abortion in Uganda. on laws and policies affecting the human The engagements were with university rights of our target groups available to the students of , Kampala public. The resource centre was accessed International University, and used by 32 marginalised persons during University and Islamic University in the year. A total of 9077 copies of publications Uganda where a total of 686 students were produced during the year and of these participated in the discussions regarding 4466 publications were distributed. abortion.

29 iv) Two meetings were held with the Planned Parenthood Federation. She Monitoring and Inspections Unit at the prepared and submitted a statement on Uganda Human Rights Commission the violation of rights of LGBTI persons in to discuss HRAPF’s engagement with Uganda and attended the session that the UHRC, police trainings and the discussed various issues on human rights dialogue between HRAPF and the LGBTI in Africa. The 63rd session of the African community members. Commission was also attended by HRAPF staff between 20th to 29th October 2018. v) One meeting with the Network of Public They represented HRAPF at the NGO Forum Interest Lawyers was attended to discuss and the launching of the Draft Principles the filing of a land case. and Guidelines on Decriminalisation and vi) HRAPF participated in the national Declassification of Petty Offences in Africa. celebrations of the Women’s Day in Mityana where a legal camp was c) International advocacy conducted and information on human HRAPF attended the National Universal rights was provided to the participants. Periodic Review Stakeholders’ Symposium vii) Three radio talk shows were held: on to review progress on implementation of Pearl FM (to discuss the HRAPF break- the recommendations during Uganda’s in and government protection for CSOs), review and a steering committee meeting on Radio Simba (on the empowerment of for the stakeholder’s forum on the UPR. The women in Uganda and the relevance of Executive Director participated in the Bergen International Women’s Day celebrations) Exchanges 2018 in Bergen, Norway and and on Kingdom FM discussing women’s presented on our work as well as presenting rights in light of the rampant murders and during the Sexual Minorities short course at kidnap of girls in Uganda. the University of Pretoria, South Africa. He also participated in the Mandela Washington Fellowship of the Young African Leaders b) Regional advocacy Initiative (YALI) at the Presidential Precinct A member of the HRAPF team attended the in Virginia, and variously presented on Eastern Africa Harm Reduction Conference HRAPF’s work including at the Africa Ideas to discuss harm reduction advocacy, Summit, at the College of William and Mary programming and funding in East Africa. The in Williamsburg, Virginia, United States of Executive Director, attended the Regional America. Conference on the Decriminalisation of Petty Offences in Africa, that was held in Accra, Ghana on 3rd and 4th October 2018. The purpose of the conference was to develop sub-regional plans for the implementation of the Principles on the Decriminalisation of Petty Offences in Africa. The 62nd session of the African Commission on Human and Peoples’ rights was attended in Nouakchott, Mauritania by HRAPF’s Programme Director, Research and Advocacy and M&E. She presented at the side event on Decriminalization of Abortion in Africa during the NGO Forum and chaired a side event on Getting It Right, debating the lynchpin on fulfilling the SRHR of young people in Africa, which was organised by International

30 Adrian Jjuuko, Executive Director of HRAPF receiving a certificate from the Executive Director of the Presidential Precinct at the closing of the Young African Leaders Initiative 2018 at the College of William and Mary, Williamsburg, Virginia, USA.

(LASPNET). The meetings were attended 3. Strategic Litigation by 34 participants who discussed the possibility of filing the case and the a) Development of new strategic cases grounds to be considered. At the end of the year, this case was yet to be filed. Three cases were developed, and one of these was filed at the Constitutional Court. ii) A case to challenge provisions of the Details follow below. Non-Governmental Organisations Act, 2016: A legal opinion was developed i) A Case challenging sections of the on challenging the Non-governmental Penal Code Act that criminalise Organisations Act, 2016. Two legal abortion: A position paper was developed strategic meetings, with a total of 46 challenging the constitutionality of the participants, were held in order to consider sections in the Penal Code Act which whether a case should be instituted to criminalise abortion. Two consultative challenge this Act. The first meeting and legal strategy meetings were held was held with lawyers and organisations with various stakeholders on the abortion working with marginalised communities. case. They were targeting health service The second meeting was attended by providers, CSOs advocating for safe mainstream organisations. abortion service provision, members of the Coalition to Stop Maternal Mortality iii) The case of Francis Tumwesige Ateenyi and Morbidity due to Unsafe Abortion v Attorney General Constitutional Petition (CSMMUA), law enforcers, lawyers and No.36 of 2018: A position paper was members of the Legal Support Network developed and a petition drafted on

31 challenging the vagrancy laws. The ii) Jackson Mukasa and Another v Attorney case was filed on 9th November 2018. General: This case concerns the arrest Prior to the filing of the case, a regional of a transgender woman and a gay legal strategy meeting was held with man in January 2014, during which they 22 lawyers and activists from Uganda, were assaulted, exposed to the media Kenya, South Africa and Malawi, as well and made to sign statements against as representatives of Southern African their will. HRAPF filed a complaint Litigation Centre (SALC) and Pan-African challenging the police actions in this Lawyers Union (PALU), which provide case in 2016 with the Uganda Human support to domestic efforts of strategic Rights Commission. During 2017, the litigation within the region. Another legal Commission has indicated that the case and advocacy strategy meeting was held would only be investigated within a space with 21 activists from key population of three years due to a case backlog and groups, and they also gave their views limited resources. It is thus still pending on the legal and advocacy strategies before the Commission. to adopt in developing the case. A press conference was held and a press iii) Shawn Mugisha and Others v District statement published upon the filing of the Police Commander (DPC) Kabalagala: case. This case deals with the human rights violations that occurred along with arrests b) Progress on existing cases made during the Pride celebrations of 2016. A complaint was lodged with the i) Frank Mugisha and Others v Uganda Uganda Human Rights Commission Registration Services Bureau during 2017 regarding the actions of the Miscellaneous Cause No. 96 of 2016: police. The investigations on the case This case challenged the refusal by on the part of the Commission were the URSB to reserve the name ‘Sexual commenced, however there have been Minorities Uganda’ on the basis of section considerable delays in the process and it 145 of the Penal Code which criminalises remains pending before the Commission. consensual same-sex relations. The case was decided by the High Court on iv) Kasha Jacqueline and 3 Others v Attorney 27 June 2018 and it was held that the General and Another (Lokodo Appeal) Civil refusal of the URSB to reserve SMUG’s Appeal No. 195 of 2014: In 2012, the name, and consequently to register the High Court held that the Minister of Ethics proposed company, did not contravene and Integrity was justified in interrupting the Constitution of Uganda, as the and stopping a skills training workshop rights that the applicants claimed were for LGBTI persons. This decision was capable of limitation under Article 43 of appealed to the Court of Appeal and a date the Constitution. The Court further held for hearing had not yet been assigned to that the proposed company was formed the case by the end of the year. to promote prohibited and criminal acts since same-sex marriage is prohibited in the Constitution and section 145 of the Penal Code Act prohibits ‘having carnal 4. National, regional knowledge against the order of nature’. and international The Court held that it is prohibited to encourage or assist the commission of networking an offence or to conspire with others to do so. An appeal has been filed against a) National networking this decision in the case of Frank Mugisha, Dennis Wamala & Ssenfuka Warry Joanita HRAPF participated in a total of 23 meetings v Uganda Registration Services Bureau and engagements with 17 different national (URSB), Appeal No. 338 of 2018. partners during 2018. These included a

32 two-day dialogue on the role of religion and on their project on violence against women culture to improving sexual and reproductive and attended a training at the ISLA institute health organised by CEHURD; a meeting on strategic litigation for violence against organised by UGANET on compulsory HIV women. testing in schools and developing a memo that was used to discuss with the Minister c) International networking of Gender Labour and Social Development on the human rights implications and In 2018, HRAPF organised the launch of the ramifications of compulsory HIV testing in report on the narrowing civic space in Uganda, schools; participating in 4 Coalition to Stop Ethiopia and Kenya with International Center Maternal Mortality due to Unsafe Abortion for Not-for-profit Law. (CSMMUA) meetings in preparation of the commemoration of the International Day on Safe Abortion; a research dissemination Programme and ten year meeting organised by the Public Health achievements Ambassadors in Uganda (PHAU), where HRAPF’s 2016 research report on the 2018 was a year in which the Research and enforcement of criminal abortion laws Advocacy work of HRAPF continued to build in Uganda was presented; launch of on the solid foundation which was laid in the Equal Opportunities Commission HRAPF’s first years of existence. 2017/2018 Annual Report; the Uganda AIDS Commission Multi-stakeholders Forum on The strategy of knowledge generation has KP Programming and the Annual National become a backbone to the work of the Sex Workers’ Conference organised by organisation over the past ten years. HRAPF WONETHA. anchors its programming in the research carried out under this objective and has During 2018, HRAPF maintained its completed a total of 8 studies in the past membership with the Uganda National ten years. Since 2016, HRAPF has included NGO Forum, the Legal Aid Service Providers People Who Use and Inject Drugs as well as Network (LASPNET), the Human Rights women, girls and health workers who come Network Uganda (HURINET), National into conflict with abortion laws as target Coalition of Human Rights Defenders groups and has developed specialised access (NCHRD), the Coalition to Stop Maternal to justice and advocacy programming based Mortality and Morbidity due to Unsafe on the studies carried out on the effect that Abortion (CSMMUA), Uganda Network on the legal regime has on the human rights of Law, Ethics and HIV/AIDS (UGANET) and these groups.36 The continuous engagement Uganda Land Alliance. in research has deepened HRAPF’s work and has enabled our focus areas to have a b) Regional networking greater impact. HRAPF’s internal capacity to conduct research has matured through During 2018, HRAPF retained membership collaboration with established research with the East and Horn Human Rights institutions and through the furtherance Defenders’ Network. A meeting held by of studies by individual staff members. Africa Reproductive Rights Initiative was HRAPF’s Executive Director has led the attended in Zanzibar as well as the Second way in this regard by undertaking a ground- Regional Conference on decriminalization of breaking LLD study on the use of Lesbian, abortion in Africa at the African Commission on Human and Peoples’ Rights. A Memorandum of Understanding was signed 36 See HRAPF The Narcotic Drugs and Psychotropic with the Initiative for Strategic Litigation in Substances (Control) Act, 2015 and the legal regulation of drug use in Uganda (2016) and HRAPF The Africa (ISLA). HRAPF staff also participated enforcement of criminal abortion laws in Uganda and its in a country visit meeting organised by ISLA impact on the human rights of women, girls and health workers (2016) both available at www.hrapf.org.

33 Gay and Bisexual strategic litigation as a Uganda Human Rights Commission. HRAPF catalyst for social change in Common Law will continue to employ strategic litigation Africa. as an avenue of advocacy and awareness- raising, as well as a tool to reform the legal HRAPF prides itself in the development landscape and social perceptions. of standard publications which document human rights violations and stimulate HRAPF has advocated for an improved legal academic debate on laws and policies which and policy environment and the recognition affect the target groups that we work with. of rights of our target groups since the HRAPF is particularly proud to showcase organisation has come into existence. the work and achievements of some of the From the early years of the organisation’s HRAPF-trained Community Paralegals in an existence, the radio has been used as a annual magazine that has been published powerful tool to engage and educate the since 2017. Two issues of the Community Ugandan society. Radio talk shows continue Paralegal Magazine and five issues of The to be an important avenue of interaction Human Rights Advocate Magazine have been with the public and raising awareness published over the course of the past ten about the existence of HRAPF as well as years. HRAPF has also released an Annual some of the human rights matters that are Report every year since 2009. of concern to the organisation. HRAPF has a long track-record of promoting the rights Strategic litigation remains a main avenue of of marginalised groups within the African advocacy, which was employed by HRAPF Commission and has been in an empowered since its first year of existence. Over the position to do so after obtaining observer years, the most celebrated strategic litigation status in 2015. HRAPF has also headed victory has been the 2014 case of Prof J the minorities’ cluster within the National Oloka-Onyango and 9 Others v Attorney General Stakeholders’ Civil Society Forum on the Constitutional Petition No. 008 of 2014 Universal Periodic Review Mechanism and (Constitutional Court of Uganda) in which ensured that the human rights concerns of the Anti-Homosexuality Act was nullified. minorities were included in the 2016 civil Another major victory was the case of Adrian society report to the UPR and were also Jjuuko v Attorney General Constitutional brought to the attention of government. Petition No. 1 of 2009 in which the Constitutional Court declared that sections HRAPF places great value on our network of the Equal Opportunities Commission Act, and partnerships which are formed for the 2007 which precluded unpopular minorities purpose of advocating for the realisation of from accessing the Equal Opportunities rights and freedoms in Uganda. Through our Commission, were unconstitutional. The participation and involvement in activities of organisation was also the first to bring partner organisations and coalitions, which human rights concerns of LGBT persons aim to contribute toward the broader struggle to the attention of the East African Court for a free and democratic society in which of Justice in the case of Human Rights fundamental rights are respected and upheld. Awareness and Promotion Forum (HRAPF) v HRAPF sees it as our duty to advocate for Attorney General of Uganda and the Secretariat causes and human rights concerns beyond of the Joint United Nations Programme on the narrow scope of matters which are of HIV/AIDS (UNAIDS) Reference 6 of 2014 direct concern to our target groups. HRAPF (East African Court of Justice) which was is also grateful for the support and guidance decided in 2016. Over the past ten years, which our networks and partnerships have 10 cases were developed and supported provided to the organisation over the years. by HRAPF mainly under the auspices of the Civil Society Coalition on Human Rights and Constitutional Law (CSCHRCL). Of these, 3 were successful, 4 were unsuccessful and 3 are pending before the courts and the

34 COMMUNITY CAPACITY ENHANCEMENT PROGRAMME

This is a new thematic/programmatic area Population groups for transformative that brings all the work related to capacity leadership, legislative engagement and building of HRAPF’s target groups together. policy influence. Its objective is to enhance the capacity of rights-holders and duty bearers to effectively The Programme’s capacity building advocate for and protect the rights of interventions focus on creating cross- marginalised persons and Most at Risk movement collaborations to effectively Population groups in Uganda. The goal is champion human rights advocacy. It also to see marginalised persons, Most at Risk targets building the capacity of duty bearers Populations and duty bearers participating in promoting rights of marginalised groups. effectively in respecting and promoting Priority duty bearers that the Programme human rights of marginalised groups. targets include law enforcement officers, judicial officers, Local Council leaders, health The programme evolves and adapts the workers and communities. The Programme organisation’s concept of human rights also works with the media to engage on capacity development to suit different rights of marginalised groups. issues and categories of people including marginalised persons and Most at Risk The Programme employs the following Population groups, police officers, the media, strategies: judicial officers (specifically magistrates), parents, local leaders and health providers. Human rights workshops/trainings for It develops curricula and tailor training duty bearers material for each target group on Institutional support for marginalised matters including human rights, sexual persons’ and Most at Risk Population and reproductive health and rights, groups’ organisations transformative leadership, social movement building, regional and international human Community Paralegal Training Program rights instruments, equality and justice and organisational development. Community Engagement

The Programme provides deeper public legal education and awareness at community level so as to enhance rights awareness 1. Human rights that facilitates human rights observance for marginalised persons and Most at Risk workshops / trainings Populations. It empowers and promotes for duty bearers dialogue between marginalised persons and Most at Risk Population communities a) Human Rights training workshops for and key stakeholders on their rights and duty bearers and other stakeholders strengthens the capacity of marginalised persons and Most at Risk Population i) Training workshops for police officers groups, and advocates to lead advocacy on marginalisation efforts and initiatives. Ultimately, these efforts are intended to build a critical mass During the year, 8 police trainings of marginalised persons and Most at Risk were conducted on the concept of

35 marginalisation and the rights of sexual protect the rights of LGBTI persons. minorities in Uganda. These were conducted in the Elgon, Aswa, Wamala, in ii) Training workshops for police officers Lira, Kasese, Masaka, Mityana and Arua on the legal regime governing abortion districts respectively. A total of 280 Police in Uganda officers attended. The HRAPF team During the year, two police trainings worked with police officers who were were conducted on the legal and policy responsible for mobilising participants framework governing abortion in Uganda. for these trainings. The development The trainings reached a total of 91 police of appreciation for LGBTI rights was officers in Kampala Metropolitan area. noted during the course of the trainings and many of the participants pledged to

Assistant Commissioner of Police, James Kushemererwa, opening the police training held on 8th February 2018 in Mbale

iii) Training workshops for police officers and the other in Mbale in the Eastern on harm reduction for drug users Region and a total of 74 police officers, including District Crime Intelligence Two trainings for police officers were Officers and District and Regional also conducted on the legal framework Crime Intelligence and Investigations governing drug use in Uganda (harm Directorate Officers attended. reduction) in collaboration with the Narcotics Department of the Uganda Police Force. The first training was held in in the Western Region of Uganda

36 A group photo following a police training held with police officers on the legal framework governing abortion in Uganda at Grand Global hotel in Kampala on 4th June 2018 iv) Training workshops for health workers v) Training workshops for health workers on abortion legal regime in Uganda on access to health services for LGBTI persons Five workshops were held with 157 health workers on the policy and legal framework A further 10 workshops were conducted governing abortion in Uganda. The health on the legal and policy framework workers were mobilised in conjunction affecting access to health services with the District Health Departments for LGBTI persons in Uganda. These headed by the District Health Officers workshops reached a total of 310 health and heads of departments of Kiboga, workers in the districts of Busia, Buikwe, Mityana and Mubende Referral Hospitals. Fort Portal, Jinja, Kasese, Masaka The health workers who attended the Mbale, Mbarara, Lira and . These workshops were mostly midwives, District workshops were mostly attended by Health Officers, nursing officers and the Administrators, District HIV Focal doctors. The health workers were taken Persons, doctors, nurses, lab technicians, through the legal and policy framework clinical officers and counselors. All governing abortion and their values were these workshops were conducted in clarified in order to appreciate the concept liaison with the District Health Officers of safe and legal abortion in Uganda. Ms. of the respective districts. During the Sarah Namyalo from the Uganda Private workshops, LGBTI persons shared their Midwives Association (UPMA) was an experiences on the challenges they face external facilitator in these trainings. in accessing health services in Uganda.

The table below shows the details of the health workers trainings in the respective areas.

37 Table 8: Details of the health workers trainings in the respective areas.

District Date of the workshop Number of Health workers

Kasese 5th September 2018 30 Fortportal 4th September 2018 32 Gulu 31st August 2018 34 Mbarara 23rd August 2018 32 Buikwe 30th July 2018 28 Jinja 25th July 2018 32 Masaka 14th May 2018 22 Busia 2nd May 2018 34 Lira 27th April 2018 32 Mbale 11th April 2018 34 TOTAL 310

A group photo taken with health workers after a workshop in Mityana District on 16th March 2018 vi) Training Local Council leaders on the reached a total of 197 Local Council leaders Local Council Courts Act of 2006 in 5 different districts and provided them with knowledge on how to use their powers During the year, five trainings for Local under the Local Council Courts Act to protect Council leaders were held on the Local women, children and the elderly facing land Council Courts Act of 2006. These trainings justice problems.

38 A training on the documentation of human how to handle LGBTI issues. The training rights violations was held with 10 HRAPF included a values clarification and attitudes staff members and the coordinators of the transformation exercise on marginalisation. regional legal aid centers in Arua, Kasese The trained lawyers are being engaged to and Mbale. handle cases of violations for LGBTI persons country wide. vii) Training private lawyers on marginalisation The tables below summarise the types of A training was also held with 15 lawyers, workshops and trainings held under this 12 from upcountry districts and 3 lawyers objective and the number of duty-bearers that are new staff members of HRAPF, on reached.

Table 9: Human rights workshops or trainings by type, number and duty-bearers reached

Type of workshop / training Number Duty-bearers reached

Training on marginalisation of LGBTI persons 8 Police officers

Training on legal and policy framework governing 2 Police officers abortion Workshop on legal and policy framework governing 5 Health workers abortion Workshop on legal and policy framework affecting 10 Health workers access to health services for LGBTI persons Training on using Local Council Courts Act, 2006 to 5 Local Council Leaders protect rights Training on documentation of human rights 1 HRAPF staff members violations and associates Training on handling LGBTI issues 1 Lawyers

Table 10: Number of people reached during workshops and trainings

Police officers 445

Health workers 467

Local Council leaders 197

HRAPF staff member and paralegals 16

Lawyers 10

Total 1135

39 Based on the capacity needs identified during 2. Institutional support the assessment, a training was held on the for marginalised NGO Act 2016 targeting platform members of Right Here Right Now. The training was persons’ and Most attended by 14 organisations. at Risk Population The HRAPF team filed resolutions to open groups’ organisations bank accounts on behalf of five organisations and filed annual returns on behalf of a) Support to grassroots organisations for Organization for Gender Empowerment and marginalised groups Rights Advocacy (OGERA). Name reservation was successfully done for Rainbow Support i) Compliance with statutory obligations Center and Age With Rights.

During 2018, a total of 46 organisations were Nine organisations were assisted to hold visited and assessed in terms of compliance their Annual General Meetings (AGMs). with legal requirements of operating These organisations are mostly LGBTI as an NGO under the new NGO Act, the organisations based in rural areas and are statutory obligations of a company limited managed by HRAPF Community Paralegals. by guarantee, matters of taxation and the Organisations assisted in this way include roles of governing institutions like the Board Kitara Youth Empowerment Initiative in of Directors and the General Assembly as Hoima District, Youth Initiative for Health well as staffing structures and policy needs Community Empowerment in Masaka, and gaps. HRAPF conducted a capacity Rainbow Mirrors, Kuchu Shiners, Hope assessment of the three organisations Mbale, Uganda Child and Development hosting regional legal aid centers to identify Foundation (UGACAD), Service Worker in priority policies that need to be developed Group Foundation and Refugee Friends Care and areas of weakness. Organisation.

The first AGM of UGACAD held in Lugazi-Buikwe District

40 i) Enrolment of new Community Paralegal 3. Community Paralegal Trainees

Training Programme Two new groups of LGBT persons were inducted and completed the first and second In a bid to ensure access to justice for modules of the Community Paralegal the most marginalised communities in Training Programme. The first group of 12 Uganda, HRAPF trains selected members LGBTI paralegal trainees were selected under of marginalised communities in basic law the ViiV Healthcare Project and completed and rights in a course that qualifies them the first module of the paralegal training as community paralegals at the end. The between 21st and 24th August 2018 at Ridar current paralegal course comprises of Hotel in Seeta-Mukono district. This group three modules. The first module profiles the also completed the second module of the community paralegals and the legal system training between 20th and 24th November at in Uganda, the second module deals with Ridar Hotel in Seeta. The second group of 10 criminal law and procedure in Uganda and LGBTI Paralegal trainees were selected under the third and final modules takes the trainees the AJWS-DRL year 8 Project and completed through human rights and civil law procedure the first module of the training from 23rd to in Uganda. The paralegals are therefore able 26th Septembers 2018 at the Grand Global to handle and refer cases for members of Hotel in Kampala. The second module of their communities to the lawyers. The course the training was completed between 4th and is conducted over a period of one year in 7th December 2018 at the same hotel. The three one week long modules. During 2018, 22 participants in these two groups will be HRAPF trained paralegals from its different completing the third module of the training target communities as shown below. during 2019. a) Paralegal training for LGBTI persons ii) Paralegal training for People Who Inject and Use Drugs i) Completion of on-going training For the first time in the history of HRAPF’s During 2018, nine paralegals completed Community Paralegal Training Programme, the full course of paralegal training that trainees were selected from the community had started in 2017. The second module of People Who Use and Inject Drugs. 15 such of the Community Paralegal Training PWUIDs trainees completed the first module was held from the 3rd to 6th of April 2018. of the Paralegal Training from 23rd to 26th It covered the module on the concept of October 2018. Criminal Law and Procedure in Uganda and it included field visits to Mukono Police iii) Paralegal training for Sex Workers Station and Mukono Chief Magistrate’s Court. The third and final module of the In collaboration with Women’s Network training was held from 5th to 8th June 2018 Organisation for Human Rights Advocacy at Ridar Hotel in Seeta. The trainees were (WONETHA), 15 trainees from the sex worker placed at HRAPF for their practical training community completed all three the training from 18th to 22nd of June 2018 during which modules. The training covering the first time they visited the Company Registry, module was held from the 28th to 31st August; Court, Kawempe Police Division the second module was completed from the and Katwe Police Division. The pass out 17th to the 20th of September; and the third ceremony was conducted at HRAPF offices module was completed between 16th and on 22nd June 2019 and they were awarded 19th October 2018. The 15 trainees were also certificates to signify the completion of taken on a field trip to Wakiso Magistrates the three modules of HRAPF’s Community Court to enable them to better appreciate the Paralegal Training Programme. court processes and to familiarise them with this institution.

41 b) Sponsoring Community Paralegals to in particular. The session was attended by study a Diploma in Law 71 residents of Kayiwa Zone, the village in which HRAPF’s offices are located. Under In 2018, HRAPF established a scholarship this objective, five awareness sessions were to sponsor its trained community paralegals conducted with 278 sex workers on the to undertake a diploma in law at the Law legal and policy regime governing abortion Development Centre to further empower in Uganda. These awareness sessions them to attain the qualifications of a paralegal were organised in partnership with the as recognised by the law. HRAPF awarded Alliance of Women Advocating for Change scholarships to two selected Community (AWAC) and were held in Hoima, Wakiso, Paralegals in this regard. Kyenjojo, Mbarara and Kasese Districts. The awareness sessions were intended to 4. Community demystify the law to sex workers and to help them understand abortion as a human rights Engagement issue. a. Awareness raising

In celebration of HRAPF’s 10 years of existence, an awareness session was held on HRAPF’s work, human rights and land rights

Group photo taken after the awareness session with sex workers held at Ivory Tower Hotel, Kyenjojo District on 1st February 2018

42 Ms. Sarah Namyalo from the Uganda Private Midwives Association facilitating at the awareness session for sex workers held at Sunset Hotel in Mbarara on 28th February 2018

Group work on values clarification during awareness session with sex workers, held at Sunset Hotel in Mbarara on 28th February 2018

43 b. Engagement and technical support to celebrated and ever-expanding element of partner organisations the programme. Over the past ten years, HRAPF’s police trainings have reached 610 Technical support was rendered to five police officers. Human rights workshops and partner organisations. HRAPF officiated over trainings conducted among Local Council the voting of the regional representatives of leaders are also viewed as a critical avenue for Alliance of Women Advocating for Change enhancing access to justice to marginalised (AWAC) during their second Annual General groups at community level. The programme Meeting; officiated over the opening of celebrates the strong relationships between Women’s Empowerment Initiative (WOPEIN) HRAPF and community leaders and the offices; and reviewed the documents and openness of these leaders to engage on resolutions for Organization for Gender the rights of marginalised persons and has Empowerment and Rights Advocacy reached a total of 384 Local Council leaders. (OGERA) and advised them on the necessary The CCE programme also invests great effort requirements for registration with the Uganda into sensitising health workers on the rights Registration Services Bureau (URSB). and realities of marginalised groups which equip them to serve members of these group c. Radio and television talk shows in their professional capacity. A total of 772 health workers have been reached by the During the year, eight radio talk shows were programme. held on Kingdom FM, Family Radio and Pearl FM to discuss HRAPF’s work, current affairs The CCE programme also celebrates the concerning human rights violations, rights growth in number and capacity of Most at of the suspect and land rights. 15 people Risk Population groups’ organisations in called in and contributed to the discussion. Uganda. The programme is sure to continue Television talk shows were also held on B24 and expand its institutional support to these TV and Kingdom TV on the HRAPF break-in organisations in order to continually share and the human rights implications of bride the knowledge, expertise and experience price respectively. which HRAPF has gained over the years.

The Community Paralegal Training Programme summary and Programme and its ever-expanding reach ten year achievements is a continuous highlight of the CCE programme. HRAPF is proud to be training While the CCE programme has only existed Community Paralegals to handle cases of as a programme since 2017, the work and PWUIDs, along with the paralegals who activities carried out under the programme had been trained to handle cases of LGBT has been part of the organisation’s work persons, sex workers and women and girls for many years. The programme has made living with HIV and AIDS. A total of 149 a tremendous impact through its training HRAPF-trained Community Paralegals of duty bearers on the human rights of have been equipped with knowledge on the marginalised groups in Uganda. law and an understanding of the rights to which they are entitled. This knowledge is The training of police officers on the rights truly empowering and enable members of of LGBT persons, in collaboration with the marginalised groups, in their capacity as Uganda Human Rights Commission from Community Paralegals, to bring real change 2016 onward, is viewed as a remarkable within their communities. In the same vein, highlight of the programme. These trainings, HRAPF, under the CCE programme, has with its focus on attitudes transformation raised awareness on fundamental rights and instilling empathy for the lived realities and freedoms among more than 10,000 of LGBT persons among the group which members of marginalised communities. is the main perpetrator of human rights violations of LGBT persons, will remain a

44 INSTITUTIONAL DEVELOPMENT PROGRAMME

The objective of this programme is to membership subscription fees, voluntary strengthen HRAPF’s institutional capacity, contributions, annual contributions by Board financial independence and operational Members and Trustees, consultancies efficiency to deliver on its mandate. The undertaken by HRAPF, the sale of fundraising overall goal of this programme is to ensure items and accrual of interest. an efficient, effective and sustainable human rights advocacy organisation. 3. Strengthened human In order to achieve this goal, the following five management priorities are pursued resources and wellness under the new Strategic Plan: a) Staff retention and recruitment Strengthened resource mobilisation During 2018, a total of 36 persons were part Exploring the sustainability of HRAPF of HRAPF’s staff structure. The organisation also underwent a staff restructuring in the Strengthened human resources and middle of the year in order to create two wellness new positions for Programme Directors of Access to Justice and CCE on the one hand, Strengthened governance systems and Research and Advocacy and M&E on Maintenance of robust Monitoring, the other. Two staff members from the Evaluation, Learning and Financial Access to Justice Programme, Ms. Elizabeth Systems Kemigisha and Mr. Babu Ramadhan also moved on from the organisation in pursuit of furthering their career goals in their respective 1. Strengthened resource areas of specialisation. Ms. Catherine mobilisation Mukankusi, who was an administrative assistant, also left the organisation after HRAPF performed well during the course eight years. Two staff contracts were of the year as far as resource mobilisation terminated during the course of the year. is concerned. A total of UGX 2,988,910,785 The organisation added to the team Mr. Mark was received in grants and UGX 34,902,962 Anthony Ntwatwa who fills the position of in other incomes. This amounts to a grand HRAPF’s first in-house IT Officer. Mr. Francis total of UGX 3,023,813,747. This was more Xavier Bagonza joined the HRAPF team as than last year’s sum of UGX 2,802,44,390. a Monitoring and Evaluations Assistant and Three new donors were brought on board Ms. Josephine Namayengo was recruited during 2018 while all relationships with as a Finance Assistant. The team was also existing donors were maintained. joined by Ms. Prossy Nabachwa, a Paralegal and Mr. Enos Kanyesigye, an Executive 2. Exploring the Assistant. The organisation hosted four interns, one volunteer and one trainee during sustainability of HRAPF 2018. One of these interns, Ms. Mercy Patricia Alum, who completed her clerkship HRAPF has continued its efforts to explore as a student at the Law Development Centre the sustainability of the organisation over the at HRAPF, has been recruited to formally course of 2018. To this end, the HRAPF Fund join the MARPS Unit as a Legal Associate. has been grown and strengthened through

45 HRAPF also hosted the PITCH (Project to b) Staff welfare Inspire, Transform and Connect the HIV response) Country Focal Person for Uganda The HRAPF staff have monthly team building for this entire year. activities such as sports, games and movies to strengthen the dynamic of the team and Over the past ten years, 93 staff members relieve stress. At the beginning of the year, have worked at HRAPF. a residential staff retreat was held in Lira in order to prepare the staff members for the year ahead, prepare annual work plans and budgets, review existing HRAPF policies and engage in vision-casting as a team. During the course of the year, staff also participated 93 in a fire fighting training, attended a wellness talk on stress management and was provided with an opportunity to have their eyes tested by an optometrist. HRAPF provides medical Staff members insurance to its staff members as a benefit. have worked at The staff is also provided with lunch on a HRAPF over the daily basis. past ten years.

HRAPF staff in a demonstration of how to use a fire extinguisher

46 HRAPF staff during the end-of-year staff party held at Extreme Adventure Park Busiika on 15th December 2018

HRAPF staff participating in a team building activity at the end-of-year staff party held at Extreme Adventure Park Busiika on 15th December 2018

47 Staff members are encouraged and were held at which each of the Divisions took supported to pursue further training and turns and presented their reports to the rest studies in order to increase their capacity and of the organisation. The respective Divisions ability. During the year, Mr. Julius Ssentamu also reported to the entire organisation obtained his masters degree. Three other during a mid-year and end-of-year review. members of Senior Management are also Monthly project progress meetings were pursuing Masters degrees. Mr. Anthony held in order to ensure that all officers Mutimba obtained the Association of involved in implementing the respective Chartered Certified Accountants (ACCA) projects were on board and that the project Qualification. The organisation’s Executive goals are being met. Staff appraisals were Director, Adrian Jjuuko obtained a Doctorate held every six months and two performance of Laws from the University of Pretoria. Staff indicators were also prepared to monitor members who are advocates were supported the achievement of set targets. Weekly to undertake CLE trainings to improve their supervisor-supervisee meeting were also skills and two lawyers attended trainings held in order to ensure adequate guidance at the Strategic Litigation Institute of the and leadership to individual staff members. Initiative of Strategic Litigation in Africa (ISLA) in South Africa. Ms. Patricia Kimera, Programmes Director Access to Justice and CCE was selected as c) Staff performance the staff member of the year, while Mr. Eriya Nawenuwe, Legal Associate, received a prize In order to monitor the performance of the for the staff member whose performance various Divisions, weekly staff meetings had most improved during 2018.

Ms. Patricia Kimera, Programmes Director Access to Justice and CCE receives the ‘Staff member of the year 2018’ award from Mr. Edward Mwebaza, HRAPF’s Deputy Executive Director.

48 d) Safety and security of staff 4. Strengthened The organisation invests considerable time and resources to ensure that staff are as safe governance systems and secure as possible. The organisation has recovered from numerous attacks on a) The General Assembly the offices itself as well as property of staff As a membership organisation, the General members. The latest of these attacks took Assembly is the supreme body within th place on 8 February 2018 when assailants the governance structure of HRAPF. The broke into the HRAPF offices and assaulted organisation currently has 52 ordinary the two guards who were on duty. Following members. The 9th Annual General Meeting this break-in, a security assessment was was held on 11th August 2018 at the HRAPF undertaken involving all staff members and a Secretariat in Namirembe and was attended psychosocial support session was organised by 33 members, 15 partners and 16 staff in order to help staff to process the trauma members who are not members of the of the attack. An external security survey General Assembly. The AGM coincided of the offices was done in order to guide with celebrations of 10 years of HRAPF’s measures to fortify the premises. HRAPF’s existence: 10 years of service to marginalised security policy was reviewed and additional persons in Uganda. In commemorating funds were allocated to the security grant. the day, a legal aid camp was held and a corporate social responsibility activity was e) Volunteer and internship programme undertaken within the neighbourhood where HRAPF is situated. During 2018, HRAPF hosted a total of four interns namely Nabweteme Ssali from Uganda Christian University Mukono; Dan Bwambale from Makerere University; Pearl Mirembe who is a student of the Public Interest Law Clinic, School of Law, Makerere University and Mercy Patricia Alum, a Clerkship Student from the Law Development Centre. Ms. Olive Nansamba served as a volunteer in the Access to Justice Division and Mr. Francis Xavier Bagonza was taken on as a trainee in the M&E Directorate, prior to formally joining the organisation as a staff member. Over the past ten years, HRAPF has hosted 16 volunteers and 21 interns, drawn from Canada, Uganda, South Africa and the United States of America.

49 HRAPF@10 IN PICTURES

50 51 HRAPF@10 IN PICTURES

52 53 HRAPF@10 IN PICTURES

54 55 b) Trustees

The organisation currently has a total of five trustees:

Mr. Kafuruka B. Ms. Fridah Kewodi Mr. Jacob Bukenya Biryomumaisho

Ms. Sheila Muwanga Dr. Adrian Jjuuko c) Board of Directors

HRAPF has a total of seven members serving on its Board of Directors. The Board is chaired by Mr. Edward Ssemambo and six other members who have been serving since August 2017 namely: Ms. Tabitha Netuwa, Ms. Rose Kamuli Mwesigwe, Ms. Jacqueline Kasha Nabagesera, Ms. Christine Nakamatte and Mr. Alex Ssekatawa. Mr. Daniel Mugoya served on the Board from 12 August 2017 up to 11 August 2018, at which time his resignation was accepted by the General Assembly at HRAPF’s AGM. The Executive Director is an ex officio member of the Board.

Ms. Rose Kamuli Mr. Edward Ssemambo Ms. Tabitha Netuwa Mr. Alex Ssekatawa Mwesigwa Chairperson Vice Chairperson General Secretary Treasurer

56 Ms. Jacqueline Kasha Mr. Daniel Mugoya Ms. Christine Nakamatte Dr. Adrian Jjuuko Nabagesera Member Member Ex officio Member

d) The Secretariat

The following staff served the organisation during the year 2018:

Adrian Jjuuko Executive Director

Edward Mwebaza Joaninne Nanyange Anthony Mutimba Deputy Executive Director Ag. Deputy Executive Director, Finance and / Programmes Director Director Operations

57 Patricia Kimera Flavia Zalwango Gracias Atwiine Programmes Director, Programmes Director, PITCH Country Focal Access to Justice and Research and Advocacy Person Community Capacity and Monitoring and Enhancement Evaluation

Susan Baluka Gerald Isabirye Betty Balisalamu Legal Officer Finance Officer Legal Officer

Sophie Keturah Julius Ssentamu Namugenyi Justine Balya Programme Officer - CCE Human Resource & Legal Officer Administrative Officer

58 Mark Anthony Ntwatwa Josephine Namayengo Arajab Kamya IT Officer Finance Assistant Legal Associate

Elizabeth Kemigisha Eriya Nawenuwe Winnie Nabukeera Legal Assistant Legal Assistant Legal Associate

Patricia Mercy Alum Hellen Naggirinya Catherine Mukankusi Legal Associate / Intern Advocacy Assistant Administrative Assistant

59 Patrick Kyagaba Charles Wabwire Hope Harriet Waseni Finance / Administrative Law clerk/Paralegal Community Paralegal Assistant

Ramadhan Babu Prossy Nabachwa Clovice Nyakatura Community Paralegal Community Paralegal Driver / Paralegal

Enos Kanyesigye Andrew Martin Mubiru Denis Executive Assistant Office Assistant Office Assistant / Driver

60 Dan Bwambale Nabweteme Ssali Mirembe Pearl Intern Intern Intern

Xavier Francis Bagonza Olive Nansamba Trainee Volunteer

of target groups that HRAPF serves and v) Maintenance of robust Monitoring, carried out evaluation exercises on trainings, Evaluation, Learning and Financial workshops and awareness sessions. The Systems Directorate has furthermore developed and operationalised mechanisms for capturing In order to strengthen the Monitoring, feedback from HRAPF’s target groups and Evaluation and Learning of the organisation, also collects feedback from HRAPF’s various a new Monitoring and Evaluation Directorate stakeholders. During 2018, a database was was established in the beginning of 2018. The developed in order to record and verify the Directorate supports project implementation cases that HRAPF has handled since 2016. through progress monitoring and evaluation of all HRAPF projects. Routine M&E activities were also carried out during the course of the year such as weekly The Directorate has operationalised M&E staff meetings; monthly management tools for data collection customised for all meetings and quarterly meetings of the HRAPF projects. It has also conducted field Board of Directors. monitoring visits for cases for all categories

61 FINANCIAL POSITION OF HRAPF IN 2018

1. Statement of Directors’ Responsibilities

Plot 31 N�nda Road | Block A | 3rd floor office F3-01 |N�nda Complex 0 097 7 02 Box 9 ampala admin@da�vaassociates.com CERTI F I ED PU BLI C A C C O U N T A N T S www.da�vaassociates.com

5.0 Report of the Independent Auditor

To the Board of Directors of Human Rights Awareness and Promotion Forum (HRAPF)

Report on the Audit of the Financial Statements Opinion

We have audited the financial statements of Human Rights Awareness and Promotion Forum (HRAPF), which comprise the statement of financial position as at December 31, 2018; the statement of comprehensive income, the statement of cash flows for the year ended and a summary of significant accounting policies and other explanatory notes.

» In our opinion, the accompanying financial statements give a true and fair view of the financial position of HRAPF as at December 31, 2018, and its financial performance and its cash flows for the year then ended, in accordance with International Financial Reporting Standards (IFRSs), the Uganda Companies Act 2012 and the donor regulations.

Basis of Opinion

We conducted our audit in accordance with International Standards on Auditing (ISAs) and Guidelines issued by the Institute of Certified Public Accountants of Uganda. Our responsibilities under those standards are further described in the Auditor's Responsibilities for the Audit of the Financial Statements section of our report. We are independent of HRAPF in accordance with the International Ethics Standards Board for Accountants' Code of Ethics for Professional Accountants (IESBA Code) together with the ethical requirements that are relevant to our audit of the financial statements in Uganda, and we have fulfilled our other ethical responsibilities in accordance with these requirements and the IESBA Code. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our opinion.

Key Audit Matters

Key audit matters are those matters that, in our professional judgment, were of most significance in our audit of the Financial Statement of the current period. Key audit matters are selected from the matters communicated with those charged with governance but are not intended to represent all matters that were discussed with them. These matters were addressed in the context of our audit of the Financial Statement as a whole, and in forming our opinion thereon, and we do not provide a separate opinion on these matters. We have determined that there are no key audit matters to communicate in our report.

Responsibilities of Management and Those Charged with Governance for the Financial Statements

Management is responsible for the preparation and fair presentation of the financial statements in accordance with IFRSs, and for such internal control as management determines is necessary to enable the preparation of financial statements that are free from material misstatement, whether due to fraud or error. Pae |

PARTNERS: Nabimanya Dativa CPA(U), FCCA, MBA, B.Com, PODITRA | Byekwaso Godfrey CPA(U), FCCA, MBA, B.Com

62 2. Report of the Independent Auditor

In preparing the financial statements, management is responsible for assessing HRAPF's ability to continue as a going concern, disclosing, as applicable, matters related to going concern and using the going concern basis of accounting unless management either intends to liquidate HRAPF or to cease operations, or has no realistic alternative but to do so. Those charged with governance are responsible for overseeing HRAPF's financial reporting process.

Auditors' Responsibilities for the Audit of the Financial Statements

Our objectives are to obtain reasonable assurance about whether the financial statements as a whole are free from material misstatement, whether due to fraud or error, and to issue an auditors' report that includes our opinion. 'Reasonable assurance' is a high level of assurance but is not a guarantee that an audit conducted in accordance with ISAs will always detect a material misstatement when it exists. Misstatements can arise from fraud or error and are considered material if, individually or in aggregate, they could reasonably be expected to influence the economic decisions of users taken on the basis of these financial statements.

As part of an audit in accordance with ISAs, we exercise professional judgement and maintain professional skepticism throughout the audit. We also:

• Identify and assess the risks of material misstatement of the financial statements, whether due to fraud or error, design and perform audit procedures responsive to those risks, and obtain audit evidence that is sufficient and appropriate to provide a basis for our opinion. The risk of not detecting a material misstatement resulting from fraud is higher than for one resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations or the override of internal control.

• Obtain an understanding of internal control relevant to the audit in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of HRAPF's internal control.

• Evaluate the appropriateness of accounting policies used and the reasonableness of accounting estimates and related disclosures made by management.

• Conclude on the appropriateness of management's use of the going concern basis of accounting and, based on the audit evidence obtained, whether a material uncertainty exists related to events or conditions that may cast significant doubt on HRAPF's ability to continue as a going concern. If we conclude that a material uncertainty exists, then we are required to draw attention in our auditors' report to the related disclosures in the financial statements or, if such disclosures are inadequate, to modify our opinion. Our conclusions are based on the audit evidence obtained up to the date of our auditors' report. However, future events or conditions may cause HRAPF to cease to continue as a going concern.

• Evaluate the overall presentation, structure and content of the financial statements, including the disclosures, and whether the financial statements represent the underlying transactions and events in a manner that achieves fair presentation.

• We communicate with those charged with governance regarding, among other matters, the planned scope and timing of the audit and significant audit findings, including any significant deficiencies in internal control that we identify during our audit.

63 We also provide those charged with governance with a statement that we have complied with relevant ethical requirements regarding independence, and to communicate with them all relationships and other matters that may reasonably be thought to bear on our independence, and where applicable, related safeguards.

From the matters communicated with those charged with governance, we determine those matters that were of most significance in the audit of the financial statements of the current period and are therefore the key audit matters. We describe these matters in our auditor's report unless law or regulation precludes public disclosure about the matter or when, in extremely rare circumstances, we determine that a matter should not be communicated in our report because the adverse consequences of doing so would reasonably be expected to outweigh the public interest benefits of such communication.

Report on other legal requirements

As required by the Companies Act, 2012; we report to you based on our audit, that: i) We have obtained all the information and explanation which to the best of our knowledge and belief were necessary for the purposes of the audit; ii) In our opinion, proper books of account have been kept by HRAPF, so far as appears from our examination of those books; and iii) HRAPF's financial statements are in agreement with the books of accounts.

The Engagement Partner on the audit resulting in this independent auditor's report is CPA Dativa Nabimanya - P0123.

Dativa Nabimanya

DATIVA & ASSOCIATES Certified Public Accountants, Plot 31, Ntinda Road, Ntinda Complex 3rd floor, P. O. Box 1239, Kampala. Telephone: +256 312 104 097 Email: [email protected]

Date:

64 3. Statement of profit or loss and other comprehensive income for the year ended December 31st, 2018

6.0 STATEMENT OF COMPREHENSIVE INCOME FOR THE YEAR ENDED DECEMBER 31st, 2018

Notes 2018 2017 UGX UGX Income Grants & Donations 10.3 3,041,915,381 2,822,542,272 HRAPF Fund 10.4 40,642,924 45,477,043 Foreign Exchange Rate Gains/Losses 10.5 (2,379,240) 14,256,027 Total Income received during the year 3,080,179,065 2,882,275,342

Expenditure Staff Costs 10.6 1,250,666,349 991,515,903 Operational Costs 10.7 476,111,537 421,365,916 Legal Aid Costs 10.8 91,792,900 34,975,200 Community Paralegal Engagement 10.9 41,211,100 22,101,000 Knowledge Generation & Dissemination 10.10 182,264,210 237,175,370 Advocacy Costs 10.11 113,879,700 72,168,930 Strategic Litigation 10.12 121,325,395 42,517,600 Networking & Collaboration 10.13 450,000 550,000 Human Rights TrainingsA/Vorkshops for Duty Bearers 10.14 240,552,850 51,899,500 Institutional Support for Marginalised Groups' Organisations 10.15 18,558,700 4,776,500 Community Paralegals Trainings 10.16 133,054,060 117,600,670 Community Enhancement 10.17 39,198,400 107,080,600 Governance Costs 10.18 21,419,212 30,026,800 Institutional Development Costs 10.19 82,704,560 64,316,084 Monitoring & Evaluation Costs 10.20 36,980,635 57,007,131 Total Expenses 2,850,169,608 2,255,077,204 Surplus for the year 230,009,458 627,198,138

The notes on pages 18 to 36 form an integral part of the financial statements.

65 4. Statement of financial position as at December 31st, 2018

7.0 STATEMENT OF FINANCIAL POSITION AS AT DECEMBER 31st, 2018

Notes 2018 2017 UGX UGX ASSETS Non-current Assets Plant, property and equipment 11.11 232,691,182 254,618,949 WIP -Server 11.12 15,148,840 - Total 247,840,022 254,618,949

Current assets Cash and bank 11.13 1,268,326,431 1,092,945,014 Prepayments 11.14 42,139,016 31,238,457 Staff Advances 11.15 61,956,500 29,486,250 Total 1,372,421,947 1,153,669,721

TOTAL ASSETS 1,620,261,969 1,408,288,670

FUNDS AND LIABILITIES FUNDS General Fund 11.16 29,064,612 (34,855,466) Capital Fund 11.17 232,691,182 254,618,949 Restricted Fund 11.18 1,348,592,192 1,160,575,045 1,610,347,986 1,380,338,528 LIABILITIES Current Liabilities Accruals and Payables 11.19 2,514,143 16,206,143 Flow Through Funds 11.20 7,399,840 11,743,999 9,913,983 27,950,142

TOTAL FUND S AND LIABILITIES 1,620,261,969 1,408,288,670

The Financial Statements were discussed and approved at the ...... Board of Directors’ meeting held on...... of...... 2019.

...... Mr. Edward Ssemambo Mr. Alex Ssekatawa Dr. Adrian Jjuuko

Board Chairperson Secretary Executive Director

The notes on pages 18 to 36 form an integral part of the financial statements

66 5. Statement of changes in equity for the year ended December 31st, 2018

80 TTNT F CNG N UT FR T R NDD DCBR 31st, 2018 80 TTNT F CNG N UT FR T R NDD DCBR 31st, 2018 Restricted Restricted Notes Capital Fund General Fund RestrictNotese d Capital FuTotalnd General Fund Fund Total Notes Capital Fund General Fund FundFund UGXTot al UGX UGX UGX UGX UGX UUGXGX UGXUGX UGXUGX Balance as at 1 Balance as at 1 January 2017 58,835,685 560,898,699 619,734,384 58,835,685 560,898,699 619,734,384 Balance as at 1 January 2017 January 2017 Revaluation of Assets at Fair58 V,al835ue, 685 560,898,699 182,669,5619,734,379 84 - - 182,669,579 Revaluation of Assets at Fair Value 182,669,579 - - 182,669,579 Revaluation of Additions during the year 123,167,090 - - 123,167,090 182,669,579 - - 182,669,579 Additions during the year Assets at Fair ValueDeprecia123,167,0tion char9g0e for the year - - (51,217123,167,0,720) 90 - - (51,217,720) Depreciation charge for the year Additions during Priothe r ye(51ar ,adjustme217,720)n t - - (51,217,720) 133,406,005 1 133,406,006 123,167,090 - - 123,167,090133,406,006 Prior year adjustment year Transfer from the restricted 133,406,0fund 05 1 (19,846,126) 19,846,126 Transfer from the restricted fund Depreciation chargeurplus(Defici t) for the yea(19r ,846,126) 19,846,126 627,198,138 9 627,198,138 (51,217,720) - - (51,217,720) urplus(Deficit) for the year for the year Transfer to the restricted fu627,198,1nd 38 9 627,198,138 (579,830,219) 579,830,219 Transfer to the restricted fund Prior year Transfer for capital fund (579,830,219) 579,830,219 (254,618,949) (254,618,949) 133,406,005 1 133,406,006 Transfer for capital fund adjustment Balance as at 31 Decemb(254er ,618,949) 254(254,618,94,618,949 9) (34,855,466) 1,160,575,045 1,380,338,528 Balance as at 31 December Transfer from the 254,618,949 (34,855,466) 1,160,575,045 1,380,338,528 (19,846,126) 19,846,126 restricted fund Balance as at January 01, 2018 254,618,949 (34,855,466) 1,160,575,045 1,380,338,528 Surplus/(Deficit) for Balance as at January 01, 2018 Addition254s duri,618ng, 9t4h9e year (34,855,46627,198,1386) 1,160,575,0945 627,198,138201,380,338,5,390,820 28 - - 20,390,820 the year Additions during the year Depreciati20o,n390 char,82g0e for the year - - (42,31820,390,8,587) 20 - - (42,318,587) Transfer to the Depreciation charge for the year (42,318,587) (579,830,219)- 579,830,219 - (42,318,587) 21,927.768 21,927,768 restricted fund Adjustment on reserves Adjustment on reserves Transfer from the restricted fu21n,d927 .768 21,927,768 30,537,980 (30,537,980) Transfer for capital Transfer from the restricted fund (254,618,949)30,537,980 (30,537,980) (254,618,949) fund urplus(Deficit) for the year 230,009,458 - 230,009,458 urplus(Deficit) for the year Transfer to the restricted fu230,009,4nd 58 230,009,458 (218,555,127) 218,555,127 Balance as at 31 - Transfer to the restricted fund 254,618,949(218(34,855,466),555,127) 1,160,575,045218,555,127 1,380,338,528 December Balance as at 31 December 232,691,182 29,064,612 1,348,592,192 1,610,347,986 Balance as at 31 December 232,691,182 29,064,612 1,348,592,192 1,610,347,986 Balance as at The notes on pages 18 to 36 form an integral part of the financial statement The notes on pages 18 to 36 form an integrJanuaryal pa 01,rt 2018of the financial sta254,618,949tement (34,855,466) 1,160,575,045 1,380,338,528 Additions during the 20,390,820 - - 20,390,820 year Depreciation charge (42,318,587) - - (42,318,587) for the year Adjustment on 21,927.768 21,927,768 reserves Transfer from the 30,537,980 (30,537,980) restricted fund Surplus/(Deficit) for 230,009,458 - 230,009,458 the year Transfer to the (218,555,127) 218,555,127 restricted fund Balance as at 31 232,691,182 29,064,612 1,348,592,192 1,610,347,986 December

67 6. Statement of cash flows for the year ended December 31st, 2018

90 TTNT F CF FR T R NDD DCBR 31st, 2018

Notes 2018 2017 UGX UGX Cas los rom operatin actiities urplus for the Period 230,009,458 627,198,138 Add Depreciation harge 11.21 42,318,587 51,217,720

P - server (15,148,840) Cas lo beore orin capital adustments 258,064,247 678,415,858

oement in orin capital ncreaseDecrease in in staff advances (32,470,250) (1,617,084) ncreaseDecrease in prepayments (10,900,559) 484,631 ncreaseDecrease in accounts payale (13,692,000) (18,717,632) (57,062,809) (19,850,085) Total Cas los rom operatin actiities 200,116,396 658,565,773

Prior year adjustments (49,263,574) ncreaseDecrease in Flo Through Funds (4,344,159) (259,667,973) (4,344,159) (308,931,547)

Cas Flos rom nestin ctiities Purchase of land - nvestment Properties - (80,067,200) Purchase of Furniture (3,750,000) (12,644,000) Purchase of ffice uipment (10,236,720) (2,013,000) Purchase of omputers and Accessories (6,404,100) (28,442,890) Net Cas Flos rom nestin ctiities (20,390,820) (123,167,090)

ncreaseDecrease in cas and cas euialents 175,381,417 226,467,136 ash and cash euivalents for eginning of the year 1,092,945,014 866,477,878 Cas and cas euialents or end o te ear 11.23 1,268,326,431 1,092,945,014

68 69 70