“Democracy on Trial” Human Rights Defenders working in the context of elections in Uganda (Case study: 2016 General Elections and subsequent by-elections) “Democracy on Trial” Human Rights Defenders working in the context of Elections in Uganda. (Case study: 2016 General Elections and subsequent by-elections) Published September, 2019 National Coalition of Human Rights Defenders Uganda Plot 148 Ssemawata Road, Ntinda P.O.BOX 302, Ntinda Kampala- Uganda Phone: +256-414-699-373 Email: [email protected] National Coalition Of Human Rights Defenders NCHRD_UG nchrdu This publication is available at www.hrdcoalition.ug/reports The in-depth research was supported by the Democratic Governance Facility (DGF). Research was undertaken by Dr. Mayambala Kakungulu with contributions from Robert. R Kirenga, Sharon Nakanwagi, Edward Serucaca and David Meffe. The report is distributed at no charge and all attribution should be made to the National Coalition of Human Rights Defenders Uganda. Cover Photo: A photo montage of symbols that represent key principles of democracy; rule of law, free and fair elections, Justice and Equity” (https://steemit.com/justice/@jekfer/lawsand-justice-1544876850887) About the NCHRD-U The National Coalition of Human Rights Defenders Uganda (NCHRD-U), formed in 2013 brings together over 149 individuals and organizations working to provide a unified voice towards addressing the shared goal of promotion of the protection of Human Rights Defenders (HRDs). A Human Rights Defender is an individual acting in his or her own capacity or under any Organisation or in association with others, undertakes acts or actions that contribute or lead to the protection and promotion of human rights in a peaceful manner. Examples of such actions may include speaking on the situation of human rights at any one time, assisting citizens to access justice, writing articles on human rights, creating awareness or informing the citizenry about their rights and responsibilities, speaking out against evils that affect the realisation of human rights in society such as bad governance, impunity, corruption, nepotism, sectarianism, poor service delivery, unemployment and all such other acts that could constitute bad governance etc. OUR VISION A society that the dignity upholds of every Human Rights Defender. and rights Mission “To protect and promote the work of HRDs in a safe and secure environment through linkages with National, regional and international like-minded entities” National Coalition of Human Rights Defenders Uganda Plot 148 Ssemawata Road, Ntinda P.O.BOX 302, Ntinda Kampala- Uganda FOREWORD Trial Democracy on Human Rights Defenders (HRDs) and Civil Rights activists whether as individuals or working within civil society organisations are critical in any electoral process. In our context, HRDs are at the forefront of monitoring, documenting and reporting human rights violations and abuses in electoral contexts. Their role can’t be understated in ensuring free and fair elections but also contributing to transparent democratic processes. Often times, this comes at huge personal and organizational risk. Overtime, electoral contests in Uganda have been marred with increased intimidation, restrictive legislation and at times indiscriminate violence targeting HRDs. In December 2018, the Electoral Commission released its 2021 strategic plan and electoral roadmap to the general public. In 2021, Ugandans will go to the poll for the fourth multi-party elections in the country’s history. In the 2016 elections, there was widespread limitations on the freedoms of assembly, expression and assembly for HRDs involved in the electoral process. Election observers were variously blocked and faced intimidation irrespective of having attained proper accreditation. Just recently, the Attorney General presented proposals of electoral reforms that arose from the Presidential Election Petitions No.1 of 2016. The opposition equally has presented its proposals. In June 2019, NCHRD-U with support from the Democratic Governance Facility (DGF) commissioned a thematic research on HRDs’ realization and enjoyment of the following rights: freedoms of assembly, association and expression. NCHRD-U interviewed a total of 91 respondents from 7 regions, 20 sampled electoral hotspot districts. The Constitution of the Republic of Uganda 1995 guarantees fundamental freedoms of assembly, association, and expression for all people under chapter four. Uganda is also signatory and subscribes to the international bill of rights and other international and regional human rights instruments. These commitments establish legal obligations for the state to respect, protect and fulfill these specific rights. In spite of these progressive foundational legal frameworks, several claw back laws have been passed by the Parliament of Uganda to facilitate curtailment of freedoms. Progressive court decisions on some of the issues such as insult laws, fake news, and peaceful assemblies remain impotent and academic as the executive arm of govern- ment flexes its muscles to muzzle freedoms whenever deemed necessary. HRDs, especially journalists, election observers, and civil rights advocates, are most at risk during election cycles in obstruction and reprisal attacks. Some of the defenders are targeted for their work while others are victims and survivors of indiscriminate violence to clamp down on civil citizen expression and action. There is a nexus between the violations suffered by political, pro-democracy actors and HRDs. With this research, the coalition hopes it aids in scenario building towards the best possible strategies to prevent or possibly react to potential areas that may impede HRD engagement in the electoral cycle. We also hope it enriches advocacy efforts towards a meaningful approach in dealing with the operating context of defenders by both state and non-state actors. We are committed to continued support and always being a voice of human rights defenders in the lead up to the 2021 general elections and beyond. For God and my country Robert .R. Kirenga Executive Director hrdcoalition.ug 4 TABLE OF CONTENTS Democracy on Trial Democracy on PART I: Introduction Closing civic space, association freedoms - Challenges faced by election observer groups 45 - Glossary of acronyms and terms 6 - Concerns on enforcement of new NGO legal framework 47 - Executive summary 7 - Surveillance, intimidation, and ad-hoc investigations 48 - Introduction 12 - Methodology 13 Discrimination against women and persons with disabilities - Key recommendations 14 - Gender-based challenges faced by women 50 - Challenges faced by persons with disabilities 51 PART II: Context - Background: General elections and recent by-elections 17 PART V: General - Fragile democracy: Militarization of elections and insecurity 18 - Administration and HRD observation of elections 19 recommendations - To the President of Uganda 52 - To the Parliament of Uganda 52 PART III: International, - To the Uganda Police Force 52 - To the Directorate of Public Prosecutions 52 Regional, and National - To the Courts of Judicature 53 Law Standards - To the Electoral Commission 53 - To the Uganda Communications Commission 53 - International framework 21 - To the Civil Society Organizations 53 - Regional framework 22 - To the Development Partners 53 - National framework 23 - To the Local Governments 54 - National legal framework for elections 25 - To Human Rights Defenders 54 PART IV: Targeting Defenders – Violations against freedoms of expression, assembly and association Stifling expression freedoms - Breach of editorial independence, switch-offs, and harassment 30 - Assaults, torture, and damage of media equipment 32 - Arbitrary arrests, detentions, and disappearances 34 - Targeting online freedoms 37 Clampdown on assembly freedoms - Extrajudicial killings, torture, and physical violence 38 - Surveillance, harassment, and intimidation 40 - Arbitrary arrests, detentions, and disappearances 44 hrdcoalition.ug 5 CSO Civil Society Organisation HRD Human Rights Defender EC Electoral Commission of Uganda POMA Public Order Management Act, 2013 Trial Democracy on UCC Uganda Communications Commission NCHRD-U National Coalition of Human Rights Defenders in Uganda UHRC Uganda Human Rights Commission ACFIM Alliance for Election Campaign Finance Monitoring CCEDU Citizens’ Coalition for Electoral Democracy in Uganda CEON-U Citizens Election Observers Network – Uganda HRNJ Human Rights Network for Journalists UJA Uganda Journalists Association ACME African Centre for Media Excellence GLISS Great Lakes Institute for Strategic Studies RDC Resident District Commissioner RPC Regional Police Commander DPC District Police Commander UDHR Universal Declaration of Human Rights ICCPR International Covenant on Civil and Political Rights CEDAW Convention on the Elimination of All Forms of Discrimination against Women ACHPR African Charter on Human and Peoples’ Rights UN United Nations LGBTI Lesbian, Gay, Bisexual, Transgender and Intersex individual/people OC Officer-In-Charge of a Police Station CID Criminal Investigation Department SFC Special Forces Command UPDF Uganda People’s Defence Forces CMI Chieftaincy of Military Intelligence JCA Justice of the Court of Appeal JCC Justice of the Constitutional Court PRO Public Relations Officer Glossary of acronyms and terms Glossary of acronyms hrdcoalition.ug 6 PART 1 Trial Democracy on INTRODUCTION Executive Summary The Constitution of the Republic of Uganda 1995 guarantees fundamental freedoms that are the foundation