Uganda: the Marginalization T of Minorities the MARGINALIZATION of MINORITIES the MARGINALIZATION • UGANDA: an MRG INTERNATIONAL REPORT an MRG INTERNATIONAL
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Minority Rights Group International R E P O R Uganda: The Marginalization T of Minorities THE MARGINALIZATION OF MINORITIES THE MARGINALIZATION • UGANDA: AN MRG INTERNATIONAL REPORT AN MRG INTERNATIONAL BY WAIRAMA G. BAKER UGANDA: THE MARGINALIZATION Acknowledgements OF MINORITIES Minority Rights Group International (MRG) gratefully acknowledges the support of the Scottish Catholic © Minority Rights Group International 2001 International Aid Fund (SCIAF) and all the organizations All rights reserved. and individuals who gave financial and other assistance for Material from this publication may be reproduced for teaching or for this Report. other non-commercial purposes. No part of it may be reproduced in any This Report has been commissioned and is published by form for commercial purposes without the prior express permission of the MRG as a contribution to public understanding of the issue copyright holders. which forms its subject. The text and views of the author do For further information please contact MRG. not necessarily represent, in every detail and in all its A CIP catalogue record for this publication is available from the British aspects, the collective view of MRG. Library. MRG is grateful to all the staff and independent expert read- ISBN 1 897 693 192 ers who contributed to this Report, in particular Tadesse ISSN 0305 6252 Tafesse (Programme Coordinator) and Katrina Payne Published December 2001 (Reports Editor). Typeset by Texture Printed in the UK on bleach-free paper. THE AUTHOR DR WAIRAMA G. BAKER is an advocate and legal con- sultant, and a lecturer in law at Makerere University in Uganda. He is currently the Programme Manager of the Interdisciplinary Teaching of Human Rights, Peace and Ethics at the Human Rights and Peace Centre (HURIPEC) at Makerere University. MINORITY RIGHTS GROUP communities, advocating preventive measures to avoid the escalation of conflict, and encouraging MRG works to secure rights and justice for ethnic, positive action to build trust between majority and linguistic and religious minorities. It is dedicated to the minority communities. cause of cooperation and understanding between MRG has consultative status with the United Nations communities. Economic and Social Council and has a worldwide Founded in the 1960s, MRG is a small international non- network of partners. Its international headquarters are in governmental organization that informs and warns London. Legally it is registered both as a charity and as a governments, the international community, non- limited company under English law with an international governmental organizations and the wider public about governing Council. the situation of minorities and indigenous peoples around THE PROCESS the world. This work is based on the publication of well- As part of its methodology, MRG conducts regional researched Reports, Books and Papers; direct advocacy research, identifies issues and commissions reports based on on behalf of minority rights in international meetings; the its findings. Each author is carefully chosen and all scripts development of a global network of like-minded are read by no less than eight independent experts who are organizations and minority communities to collaborate on knowledgeable about the subject matter. These experts are these issues; and the challenging of prejudice and drawn from the minorities about whom the reports are writ- promotion of public understanding through ten, and from journalists, academics, researchers and other information and education projects. human rights agencies. Authors are asked to incorporate MRG believes that the best hope for a peaceful world lies comments made by these parties. In this way, MRG aims to in identifying and monitoring conflict between publish accurate, authoritative, well-balanced reports. Karamojong child growing food at school © CRISPIN HUGHES/PANOS PICTURES Uganda: The Marginalization of Minorities CONTENTS 2 Relevant international instruments 3 Preface 4 Glossary – minority groups in Uganda 6 Background 9 Minority concerns 17 Some Ugandan minorities in detail 24 Measures to promote minority rights 25 Conclusion 26 Recommendations 27 Notes 32 Bibliography BY WAIRAMA G. BAKER Relevant international instruments Declaration on the Rights of Persons belonging to National or 2. Programmes of cooperation and assistance among States should be Ethnic, Religious and Linguistic Minorities (1992) planned and implemented with due regard for the legitimate interests Article 1 of persons belonging to minorities. 1. States shall protect the existence and the national or ethnic, cultural, Article 6 religious and linguistic identity of minorities within their respective States should cooperate on questions relating to persons belonging to territories, and shall encourage conditions for the promotion of that minorities, inter alia, exchanging information and experiences, in identity. order to promote mutual understanding and confidence. 2. States shall adopt appropriate legislative and other measures to Article 7 achieve those ends. States should cooperate in order to promote respect for the rights as Article 2 set forth in the present Declaration. 1. Persons belonging to national or ethnic, religious and linguistic Article 8 minorities (hereinafter referred to as persons belonging to minorities) 1. Nothing in this Declaration shall prevent the fulfilment of internation- have the right to enjoy their own culture, to profess and practise their al obligations of States in relation to persons belonging to minorities. own religion, and to use their own language, in private and in public, In particular, States shall fulfil in good faith the obligations and com- freely and without interference or any form of discrimination. mitments they have assumed under international treaties and agree- 2. Persons belonging to minorities have the right to participate effective- ments to which they are parties. ly in cultural, religious, social, economic and public life. 2. The exercise of the rights as set forth in the present Declaration shall 3. Persons belonging to minorities have the right to participate effective- not prejudice the enjoyment by all persons of universally recognized ly in decisions on the national and, where appropriate, regional level human rights and fundamental freedoms. concerning the minority to which they belong or the regions in which 3. Measures taken by States in order to ensure the effective enjoyment they live, in a manner not incompatible with national legislation. of the rights as set forth in the present Declaration shall not prima 4. Persons belonging to minorities have the right to establish and main- facie be considered contrary to the principle of equality contained in tain their own associations. the Universal Declaration of Human Rights. 5. Persons belonging to minorities have the right to establish and main- 4. Nothing in the present Declaration may be construed as permitting tain, without any discrimination, free and peaceful contacts with other any activity contrary to the purposes and principles of the United members of their group, with persons belonging to other minorities, Nations, including sovereign equality, territorial integrity and political as well as contacts across frontiers with citizens of other States to independence of States. whom they are related by national or ethnic, religious or linguistic ties. Article 9 Article 3 The specialized agencies and other organizations of the United 1. Persons belonging to minorities may exercise their rights including Nations system shall contribute to the full realization of the rights and those as set forth in this Declaration individually as well as in commu- principles as set forth in the present Declaration, within their respec- nity with other members of their group, without any discrimination. tive fields of competence. 2. No disadvantage shall result for any person belonging to a minority as the consequence of the exercise or non-exercise of the rights as set International Covenant on Civil and Political Rights (1966) forth in this Declaration. Article 27 Article 4 In those States in which ethnic, religious or linguistic minorities exist, 1. States shall take measures where required to ensure that persons persons belonging to such minorities shall not be denied the right, in belonging to minorities may exercise fully and effectively all their community with the other members of their group, to enjoy their own human rights and fundamental freedoms without any discrimination culture, to profess and practise their own religion, or to use their own and in full equality before the law. language. 2. States shall take measures to create favourable conditions to enable persons belonging to minorities to express their characteristics and to Convention on the Elimination of all Forms of Racial develop their culture, language, religion, traditions and customs, Discrimination (1965) except where specific practices are in violation of national law and Article 2 contrary to international standards. 2. States parties shall, when the circumstances so warrant, take, in the 3. States should take appropriate measures so that, wherever possible, social, economic cultural and other fields, special and concrete mea- persons belonging to minorities have adequate opportunities to learn sures to ensure the adequate development and protection of certain their mother tongue or to have instruction in their mother tongue. racial groups or individuals belonging to them, for the purpose of 4. States should,