A NATIONAL SCORECARD ON THE DOMESTICATION OF THE MAPUTO PROTOCOL IN UGANDA

RESPONSES TO ARTICLES 5, 6 AND 12 OF THE PROTOCOL TO THE AFRICAN CHARTER ON HUMAN AND PEOPLES’ RIGHTS ON THE RIGHTS OF WOMEN IN AFRICA. (MAPUTO PROTOCOL)

A NATIONAL SCORECARD ON THE

DOMESTICATION OF THE MAPUTO PROTOCOL IN UGANDA: Gender Based Violence and Economic Empowerment of Women

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A NATIONAL SCORECARD ON THE

DOMESTICATION OF THE MAPUTO PROTOCOL IN UGANDA:

RESPONSES TO ARTICLES 5, 6 AND 12 OF THE PROTOCOL TO THE AFRICAN CHARTER ON HUMAN AND PEOPLES’ RIGHTS ON THE RIGHTS OF WOMEN IN AFRICA. (MAPUTO PROTOCOL)

Gender Based Violence and Economic Empowerment of Women Responses to Articles 5, 6, 12 And 13 of The Protocol to The African Charter on Human And Peoples’ Rights on The Rights of Women in Africa. (Maputo Protocol)

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ACKNOWLEDGEMENT This scorecard report was made possible through the technical and generous financial support of the Plan International Africa Liaison Office, Ethiopia and Forum for African Women Educationalists (FAWE).

We thank Juliet Kimotho, the Regional Advocacy Officer from FAWE for her dedication, patience and technical input into this process. We would also like to thank Ms. Lillian Andama and Ms. Eunice Musiime who undertook intensive research to obtain all the relevant information that has made this assessment possible. Special thanks also goes to Ms. Munduru Mercy Grace the Program Manager for her time and patience during the process of producing the scorecard.

The Mentoring and Empowerment Program for Young Women (MEMPROW Uganda) also wishes to thank its partners in government whose collaboration and inputs helped in the production of this scorecard. These are the Ministry of Gender, Labor& Social Development, (MGLSD), the Ministry of Justice and Constitutional Affairs, the Uganda Human Rights Commission, the Uganda Law Reform Commission and the Equal Opportunities Commission for availing technical information to enhance the score card report.

We would also like to thank the civil society organizations and the private sector partners who offered technical support and information for the scorecard report.

Lastly, thanks to the entire MEMPROW team for their tireless efforts, time and dedication which enabled the successful production of this scorecard.

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TABLE OF CONTENT Acknowledgment II Acronyms IV Foreword 1 A Scorecard for the Evaluation of Maputo Protocol: Gender Based Violence and Economic Empowerment of Women 2 Article 4: The Rights to Life, Integrity and Security of the Person

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Article 5: Elimination of Harmful Practices 22 Article 6: Marriage 31 Article 12: Right to Education and Training 44 Article 13: Economic and Social Welfare Rights 57

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ACRONYMS AND ABBREVIATIONS AIDS

Acquired Immune Deficiency Syndrome

CBOs

Community Based Organisations

CEDAW

Convention on Elimination of all forms of Discrimination Against Women

CEDOVIP

Center for Domestic Violence Prevention

CSOs

Civil Society Organisations

CSW

Commission on the Status of Women

DEVAW

Declaration on Elimination of Violence Against Women

EOC

Equal Opportunities Commission

FGM

Female Genital Mutilation

FP

Family Planning

GBV

Gender Based Violence

HIV

Human Immunodeficiency Virus

HLG

Higher Local Governments

HRM

Human Resource Management

ICGLR

International Conference on Great Lakes Region

ICPD

Conference on Population and population and Development

IEC

Information, Education, Communication

IPV

Intimate Partner Violence

JLOS

Justice, Law and Order Sector

LC

Local Council

LLG

Lower Local Governments

MAGs

Male Action Groups

MGLSD

Ministry of Gender, Labor and Social Development

MoLG

Ministry of Local Government

MoH

Ministry of Health

NDP

National Development Plan

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FOREWORD The Government of Uganda has been consistent in its pursuit for gender equality and the empowerment of women. Uganda ratified the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa, hereafter referred to as, “the Maputo Protocol” on 22nd July, 2010 and entered a reservation on Article 14(1) (a) and (2) (c).

This report elaborates the progress made by the Government of Uganda (GoU) in implementation of its obligations under the Protocol. Whereas the Government of Uganda has not submitted a periodic report on the implementation of the Protocol since the ratification of the Maputo Protocol on 22nd July, 2010, Government of Uganda is currently preparing for submission of its periodic report and has demonstrated its commitment to the provisions of the Protocol.

Uganda’s obligations under the Maputo Protocol are embedded in the legal, policy and planning framework. These include the 1995 Constitution of the Republic of Uganda, the Equal Opportunities Commission Act, 2007, the Domestic Violence Act, 2010, the Prohibition of Female Genital Mutilation Act, 2010, the Marriage Act, Cap. 251, the Divorce Act, Cap. 249, The Uganda Gender Policy 2007, Uganda Vision 2040, the National Development Plan II (2015/16-2019/20), and Sector specific policies and strategies including the Social Development Sector Plan (2015/16-2019/20). We thank MEMPROW and its partners for proactively assessing Uganda’s progress towards implementation of the MAPUTO Protocol and proposing workable solutions for the realization of Women’ rights.

On behalf of the Uganda National NGO Forum, I reaffirm our commitment to the protection and promotion of women’s rights and urge all stakeholders to make use of this report to strengthen interventions.

Dr. Isooba Moses Executive Director, Uganda National NGO Forum

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Objectives Of The Scorecard The main objective of this scorecard is to analyze Articles 4,5,6,12 & 13 of the Maputo Protocol, show country assessment scores and outcomes, the gaps and provide recommendations on areas that need strengthening.

Methodology Used To Produce The Scorecard The development of The Scorecard report took a participatory process spearheaded by the MEMPROW Uganda and partners. The process included; Detailed review of government policies and legal documents on women’s rights, gender based violence, human rights and children rights; A Comprehensive review of programme documents such as strategic plans, research reports, Training Manuals/Kits, activity plans from the MDAs, Development Partners and Non-Governmental Organizations, on gender responsive governance was undertaken Consultative meetings were also held with participants from the Ministries, Departments and Agencies, Nongovernmental Organizations and Development Partners.

Discussion of inception report, research instruments, drafts of the report with the technical working team for the development of the score card report and Validation of the final draft by a cross-section of stakeholders.

About MEMPROW and the GAA Programme The Mentoring and Empowerment Programme for Young Women (MEMPROW) is an organization that supports girls and young women to access their rights. MEMPROW’s agenda is to shift negative patriarchal mindsets; empower and give young women ‘voice’ and agency to challenge and transform patriarchy as the structural cause of violence, exclusion and discrimination against women.

In our approach, we not only empower girls to demand for their rights but we also enhance the capacity of duty bearers and rights holders to be able to contribute to safe or violent –free schools and communities. In 2017, MEMPROW entered into a partnership with FAWE under the Girls Advocacy Programme (GAA) to influence accountability by governments and regional bodies on the eradication of Gender Based Violence and Economic Exclusion for girls and women at national, EAC and Africa Union levels. This scorecard is one of the products of this initiative.

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ARTICLE 4: THE RIGHTS TO LIFE, INTEGRITY AND SECURITY OF THE PERSON Every woman shall be entitled to respect for her life and the integrity and security of her person. All forms of exploitation, cruel, inhuman or degrading punishment and treatment shall be prohibited.

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Article The Article Content Number Article Every woman 4(1) shall be entitled to respect for her life and the integrity and security of her person. All forms of exploitation, cruel, inhuman or degrading punishment and treatment shall be prohibited

Assessment Questions

Situation/ Reality Report

Are the norms and practices in traditional, cultural, public and private space in alignment with this article? These practices must be identified and documented both at the rural and urban setting.

YES. Some of the traditional and cultural practices 1 that persist in Uganda include; FGM, child and forced marriages, child labor, widow inheritance and refund of bride price. The persistence of these negative norms and practices threaten the significant progress Uganda has made towards the promotion and protection of women’s rights.

Chapter Four of the 1995 Constitution of the Republic of Uganda contains fundamental human rights and freedoms that are inherent to all human beings. These are basic human rights that are universal, interconnected and are all equally important. Article 22 (1) of the Constitution provides that all persons have the right to life which must not be taken away except through a death sentence passed and confirmed by a competent court.

Article 24 of the 1995 Constitution provides that no person shall be subjected to any form of torture or cruel, inhuman or degrading treatment or punishment and Article 44 (a) of the Constitution provides that notwithstanding anything in the Constitution, there shall be no derogation from the enjoyment of the freedom from torture and cruel, inhuman or degrading treatment or punishment Uganda also has the Prevention and Prohibition of Torture Act, 2012

These practices must be identified and documented both at the rural and urban setting

The Uganda Human Rights Commission Report 2016 notes that there were credible reports that security forces torture and beat suspects. In 2017 the African Center for Treatment and Rehabilitation of Torture Victims (ACTV) Annual Report notes that they handled 834 cases of torture and 24% were women and girls The 2019 Uganda Police Force Annual Crime Report indicated that GBV cases that were reported and investigated increased by 4% (from 38,651 to 40,258 cases) between 2015 and 2016; with defilement cases up from 13,118 to 17,567 and rape at 34 percent of sexual crime The 2016 Uganda Demographic and Health Survey revealed that up to 21% of women aged 15 to 49 in the country had experienced some form of sexual violence.

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According to statistics from the Office of the Directorate of Public Prosecution (ODPP) 1,594 new rape and 6,618 defilement cases reported in 2015 and 2016.

The practices of sexual violence in Uganda now include sex selective abortion, differential access to food and services, sexual exploitation and abuse, child marriage, FGM sexual harassment, payment of dowry or bride price, domestic or intimate partner violence, deprivation of property, cyber bullying, revenge porn and corrective rape Article 4.2 (a)

Enact and enforce laws to prohibit all forms of violence against women including unwanted or forced sex whether the violence takes place in private or public

Are there laws enacted for this purpose or is it part of a larger body of law?

YES: Uganda has enacted laws that prohibit all 1 forms of violence against women and girls. The 1995 Constitution of the Republic of Uganda mandates equality before the law in all spheres and prohibits torture in all its forms by individuals or the State.

Additionally, laws, cultures, customs or traditions which are against the dignity of or interest of women or which in any way undermine their status are prohibited. The State is obliged to respect, protect and promote women’s human rights, including providing facilities and opportunities for their welfare.

Uganda has made some progress in addressing sexual violence by enacting laws that prohibit violence against women and children, including the Penal Code Act Cap. 120 as amended by Act No.8 of 2007, the Prohibition of Female Genital Mutilation Act, 2010, The Domestic Violence Act, 2010, the Prevention of Trafficking in Persons Act, 2009.

Is the content adequate YES: Uganda has a comprehensive legal framework 1 and respond to the that adequately addressed the contents of this demands of this article? article. The only challenge has been with structural challenges that compromise the effectiveness of the laws in responding to the need of survivors.

How many articles?

List them or identify thematic coverage

The 1995 Constitution of Uganda prohibits all forms of violence against women and confers the duty on the State to ensure that the rights enshrined in the Constitution and other laws are adequately enforced.

The 1995 Constitution of the Republic of Uganda further encompasses the age of maturity to 18 years of age. The Penal Code Act, Cap. 120 therefore provides for defilement and rape whose maximum sentence is death.

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Additionally, in 2010, Uganda enacted the Domestic Violence Act, 2010. The Act prohibits all forms of violence against women and provides remedies for all forms of domestic violence. In the same vein, Uganda has enacted specific laws to address specific form of harmful practices such a Female Genital Mutilation and Trafficking in Persons.

Article 4(2)(b)

Adopt such other legislative, administrative, social and economic measures as may be necessary to ensure the prevention, punishment and eradication of all forms of violence against women;

Are there GBV Policies, programmes, rehabilitation and recovery programme?

YES: There are a number of policies such as the 1 National Gender Policy, The National Gender Based Violence Policy and a draft Makerere University Sexual Harassment Policy.

The Elimination of Gender Based Violence (GBV) Policy which specifies the role of each sector to ensure the prevention of and response to violence against women.

The National Male Involvement Strategy for the Prevention and Response of Gender Based Violence in Uganda. The Strategy recognises that the prevalence, complexity and social acceptance of GBV have generated the recognition that the prevention and response to GBV requires broad community participation and particularly the participation of men and boys.

The National Gender Based Violence Database (NGGBVB) is a Government of Uganda initiative, which is intended to enable actors in Uganda to safely collect, store and generate analysed reports of GBV in both humanitarian and non-humanitarian settings to facilitate evidence based decision making.

Strengthening Uganda’s Response to Gender Equality (SURGE), a four year program running from June 2016 to May 2020. It is a program aimed at strengthening efforts towards achieving equal access for women and men to opportunities and a life free from violence and ultimately gender equality.

The Multimedia Strategy Against Gender Based Violence. The objectives of Strategy include to enlist the support of media in creating awareness among men and women, boys and girls about GBV; to increase awareness about utilisation of the available services (prevention, response and management); and to promote zero tolerance to GBV among communities.

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Domestic Violence Act, 2010 In addition to applying the Penal Code Act, Cap. 120 to prosecute perpetrators of DV in Uganda, in 2010, the Government of Uganda (GoU) enacted the Domestic Violence (DV) Act, 2010.

The DV Act recognizes abuse that does not result in physical injuries. In particular, the Act defines “domestic violence” as any act which “harms, injures or endangers the health, safety, limb or well-being, whether mental or physical, of the victim or tends to do so and includes causing physical abuse, sexual abuse, emotional, verbal and psychological abuse and economic abuse; harasses, harms, injures or endangers the victim with a view to coercing him or her or any other person related to him or her to meet any unlawful demand for any property or valuable security; has the effect of threatening the victims or any person related to the victim by; or otherwise injures or causes harm, whether physical or mental, to the victim”.

The Penal Code Act criminalises assaults, including sexual assaults like rape and defilement. Section 123 of the Act provides that a person who has unlawful carnal knowledge of a woman or girl without her consent, or with her consent, if the consent is obtained by force or intimidation commits rape.

Section 128 provides that any person who unlawfully and indecently assaults a woman or girl commits a felony. Further, any person who, intending to insult the modesty of any woman or girl, utters any word, makes any sound or gesture or exhibits any object, intending that such work or sound shall be heard, or that such gesture or object shall be seen by such woman or girl, or intrudes upon the privacy of such woman or girl, commits a misdemeanour.

Section 129 of the Penal Code Act, Cap. 120 provides that any person who unlawfully has sexual intercourse with a girl under the age of eighteen years commits defilement.

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Apart from the Domestic Violence Act, 2010, Uganda has made tremendous progress in enacting other legal instruments that deal with various aspects of gender based violence. Such instruments, which Uganda endorsed include, the at the regional level, the Goma Declaration on Eradicating Sexual violence and Ending Impunity in the Great Lakes Region, 2008.

The Declaration covers categories of sexual violence as a war crime and the Kampala Declaration 2011 on SGBV enabled Government renew its commitment to fight sexual violence and set up support centres for women.

How are the victims of GBV treated?

At the same time, the Government of Uganda has over the past 11 years considered enacting the Marriage and Divorce Bill, 2009 as well as the Sexual Offences Bills.

The Government of Uganda has instituted special desks and designated officers to respond to survivors of GBV in police, at health facilities and the courts of law. Although these services have improved access to justice for survivors, the rural community still has limited access to services and systemic challenges compromise the quality of services and ultimately access to justice.

Article 4(2)(c)

Identify the causes and consequences of violence against women and take appropriate measures to prevent and eliminate such violence;

Is there State sponsored or private sponsored research that has been conducted to respond to this article?

YES: The causes of violence against women in 1 Uganda are rooted in the unequal power relations between men and women, unequal rights to control resources within the home, patriarchal norms and practices which are biased against women, discriminatory family related laws.

Violence against women manifests through alcohol abuse or use, poverty, a culture of violence, cultural attitudes which connote that a woman should be dominated and is not a partner, infidelity, lack of respect.

The consequences of DV include death, incapacitation, family and social disharmony, economic loss resulting from people taking time off economic activities to recover from injuries, poor health including psychosocial problems, trauma, low self esteem, children becoming victims of abuse.

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The Government of Uganda, with support from the McArthur Foundation has conducted a study on SGBV in Uganda in the context of conflict. The study was undertaken by the Uganda Law Reform Commission and proposed a Model Law on Sexual Violence. The Model Law is intended to provide comprehensive approaches and mechanisms for redressing SGBV. CEDOVIP conducted a study on The Economic Costs of Domestic Violence in Uganda (with support from UK Aid). The overall objective of the study was to mobilise support for increased funding to implement the provisions of the Domestic Violence Act, 2010.

The International Centre for Research on Women carried out a study on Intimate Partner Violence, High Costs and Households and Communities (2009)

Article 4 (d)

Actively promote peace education through curricula and social communication in order to eradicate elements in traditional and cultural beliefs, practices and stereotypes which legitimize and exacerbate the persistence and tolerance of violence against women.

Are there measures, legal and other adequate means that have been taken to eliminate GBV? (Give examples of these measures)

YES: Measures taken to prevent and eliminate DV 1 include enactment of legislation like the Domestic Violence Act to address DV, sensitisation, awareness creation and capacity building for duty bearers, ending impunity through measures such as provision of legal aid services to victims of domestic violence.

Is there evidence that education curricula contains items under this article?

YES: Article 30 of the 1995 Constitution of 1 Uganda recognises education as a fundamental human right. The Ministry of Education and Sports introduced Universal Primary Education (UPE) in 1997, and Universal Secondary Education (USE) in 2007 to provide affordable education to all school going children. The Gender in Education Policy of 2017 was developed in line with the Education Sector Strategic Plan which guides gender mainstreaming in the education sector The policy is complemented by other policy initiatives and strategic plans that address barriers to girls and women’s education in Uganda. These include Gender in Education Strategic Plan 2015-2020 and the National Strategy for Girls’ Education 2014-2020.

Article 21 of the 1995 Constitution of the Republic of Uganda provides for equality and freedom from discrimination of all persons before and under the law. This Constitutional obligation is operationalized through a number of human rights and gender related policies, laws and programmes. These include the following-

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The Equal Opportunities Commission Act, 2007, which established the Equal Opportunities Commission (EOC), mandates the Commission to eliminate all forms of discrimination including against women. The Commission reaches out to the entire country through the local governments’ structure and circuit tribunals. The Commission is chaired by a female and out of the four members of the Commission, one is a woman.

The EOC Act established a tribunal which adjudicates disputes relating to marginalization and discrimination based on sex, race and age among others. Since the establishment of the Tribunal, 1508 complaints (853 male and 655 female complainants) relating to discrimination and marginalization have been resolved.

Where there are education curricula, does the content speak to the consequences of GBV?( Provide documents and examples to justify this)

Article 4(e)

Punish the Is there a special court perpetrators to try GBV cases? of violence against women and implement programmes for the rehabilitation of women victims; How many reported cases were prosecuted in the reporting year?

There is an increased institutionalization of gender mainstreaming in public and private universities.

Of the 12 public universities, seven (7) had gender policies in place while others had guidelines and regulations on the promotion of gender equality and empowerment of women (sexual harassment regulations), some had institutional mechanisms for the promotion of gender equality and women empowerment in form of academic and administrative structures NO. While Uganda is yet to put in place Special 0 Courts to handle Gender Based Violence, Special Court Sessions are held each year. In 2018 over 1,000 cases were handled during 13 special court sessions. Efforts to establish GBV Special courts are in progress.

In the 2016-2017 period, The Uganda Police Force registered 31,690 domestic violence cases, out of which 11,266 victims/suspects were counselled, 3,346 cases referred to other stakeholders and 2,992 cases taken to court.

This was a rise in financing and activities to GBV interventions from those in the period 2015- 2016 where the Police registered 27,929 cases of domestic violence, and counselled 8,486 victims/suspects, referring 2,231 cases to other stakeholders and court forwards of 1,415 cases. Despite the high number of cases, those prosecuted are low

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Article The Article Content Number Article Establish 4(f) mechanisms and accessible services for effective information, rehabilitation and reparation for victims of violence against women;

Assessment Questions

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How many rehab centers do you have in your country?

Uganda has 7 domestic violence centers run jointly between the Ministry of Gender and civil society organisations with funding from donor agencies

What measures are being taken to ensure that victims speak out and are not stigmatize?

Government has emphasised capacity building and dissemination of anti GBV strategies in various sectors. The Uganda Police Force has adopted a module on GBV in the training curriculum of new entrants into the force. The health sector has developed a manual to train all health workers in clinical management of GBV including counselling of victims. Under the National Strategic Plan on Elimination of Violence against Children in School, the Ministry of Education and Sports has developed the Reporting, Tracking, Referral and Response Guidelines for all cases of violence against children in schools. Additionally, the state has instituted toll free lines to enable survivors report cases and seek services

Are there service center for counseling, recovery and rehabilitation of GBV victims both in urban and rural communities

YES. There are several centers for counselling, 1 recovery and rehabilitation however, most of these are urban placed limiting access to these services in rural areas

How many women have No accessible data been rehabilitated in the last two years?

Article 4(g)

Prevent and condemn trafficking in women, prosecute the perpetrators of such trafficking and protect those women most at risk

What proportion of these is from reported cases?

No accessible data

Is there a law that prevents human trafficking?

YES. The Prevention Of Trafficking in Persons Act, 1 2009:

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Article The Article Content Assessment Questions Number Are the provisions adequate with spelt out punitive measure?

Are there institutions or agencies set up to deal with issues relating to human trafficking?

Situation/ Reality Report The Uganda Parliament enacted a domestic law, called the Prevention of Trafficking in Persons (PTIP) Act 2009. This law provides for the prohibition of trafficking in persons, creation of offences, prosecution and punishment of offenders, prevention of trafficking in persons, protection of victims of trafficking in persons, and for other related matters.

This law was made in line with the basic principles of the Palermo Protocol of 2000.

YES: The Government has set up the national Anti- 1 Trafficking Taskforce that is steered by the Ministry of Internal Affairs. Section 21 of the PTIP Act 2009 empowers the Minister of Internal Affairs to designate an office to be responsible for coordination, monitoring and oversee the implementation of the Act. This office was formed in March 2012. Among other issues, this office serves as the National Rapporteurs on issues related to trafficking in persons (TIP).

In 2010 the Government also elevated Uganda’s Coordination Office to combat Trafficking in Persons (COCTIP) to an official department with a small permanent budget allocation, which enabled the office to improve its anti-trafficking efforts.

The Government has increased efforts to address trafficking in persons by investigating, prosecuting and achieving convictions. For example in 2017, the Government initiated criminal prosecution of labour recruitment agencies for allegations of their involvement in trafficking.

However, insufficient funding, in general, has impeded efforts and corruption may have impeded government oversight of labour recruitment agencies.

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However, some of the existing challenges include trafficking in persons is not fully understood by the majority of Ugandans, including some of the senior citizens of the country. In addition, Uganda Government has not yet developed sufficient capacity to provide all the required assistance for the victims. This has affected their cooperation with the enforcement and prosecution agencies, leading to low levels of successful prosecutions and lastly, there is a challenge of exchange of information and requests for the necessary assistance from almost all the destination and transit countries due to absence of official diplomatic arrangements.

Article The Article Content Assessment Questions Number Are there awareness programs both at national and subnational level that prevent and dissuade young women from trafficking?

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YES. The government works with the Uganda Police 1 Force, The National Identification and Registration of Persons Authority, Department of Immigration, the Ministry of Gender, Labour and Social Development and Consular offices to promote awareness and prevent trafficking.

Over the years, capacity building workshops have been held with duty bearers aimed at building capacity of stakeholders with regards to practical investigation techniques; victim identification and handling and development of general and specific national strategies to counter TIP. A National Awareness Strategy was developed to guide the awareness raising on TIP. The strategy is aimed at raising awareness about TIP, available safe options for foreign jobs and scholarships and how to cooperate with enforcement agencies for easy rescue and investigations in case one finds themselves victim.

Information documents on Basic Tips against TIP were developed for public sensitization and are in use. The GoU and CSO partners have also emphasized national awareness to create consciousness about TIP to reduce potential victims and increase public cooperation with enforcement agencies. The campaigns include media briefs, talk shows, media meeting, public addresses, movie (The Route, with support from IOM, to encourage safe migration

Are there rehabilitation programs and policy for victims of trafficking?

YES: The Government of Uganda reported providing 1 an unknown number of victims with medical treatment, counseling assistance, emergency shelter and transportation through police clinics. However it continued to rely on NGOs and International organisations to provide the vast majority of victim services via referrals to NGO-operated shelters, which provided psychological counseling, medical treatment, family tracing, resettlement support, vocational education. Victim care remains inadequate and available services were primarily for children and women, with few NGOs offering shelters for adult males.

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Article The Article Content Assessment Questions Number Are there records of prosecution of perpetrators and victims recovered and rehabilitated?

Situation/ Reality Report

Article 4 (i)

YES. The Domestic violence Act, 2010 gives 1 the Ministry the mandate to monitor monitoring mechanisms for the implementation of laws on gender based violence.

Provide adequate budgetary and other resources for the implementation and monitoring of actions aimed at preventing and eradicating violence against Women.

Is there a monitoring mechanism within the government agency implementing laws and policies on GBV?

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YES: The Government reported 145 trafficking 1 investigations, prosecutions of 52 defendants in 50 cases, and convictions of 24 traffickers in 2017 under the 2009 anti-trafficking act, compared to 114 investigations, 32 prosecutions, and 16 convictions in 2016. However, as additional details were unavailable, the number of prosecutions and convictions may have included cases of child sacrifice and illegal adoption. The government did not report the penalties assigned to convicted traffickers. The government did not report any prosecutions, or convictions of government employees complicit in human trafficking; however, corruption and official complicity in trafficking crimes remained significant concerns, inhibiting law enforcement action during the year.

Furthermore, development partners have developed monitoring frameworks to complement government interventions. This document aims to address the increasing demand for clear guidance on how to practically and ethically monitor and mitigate gender-based violence (GBV) within non-emergency, international development programming, in which GBV is not a specific programmatic component.

Specifically, it draws on existing GBV-related guidance, as well as input from a group of experts, to provide recommendations for preventing or responding to unintentional risk, threat, or violence against individuals related to programmatic interventions. These recommendations describe ways to take stock of the programmatic environment with regard to GBV in general, as well as targeted suggestions on how to track GBV related incidents and issues throughout the program cycle.

Is GBV a budget priority to government?

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Yes: GBV is a priority to the government of Uganda 1 and this is demonstrated in the steps the government has taken to enact relevant laws, policies and resource institutions enforcing the laws.

Article The Article Content Assessment Questions Number What is the amount of budgetary allocation to GBV programmes and what proportion does this represent in agency budget?

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According to a budget analysis conducted by the Civil Society Budgetary Group in 2016, the combined financing to GBV activities over the years from three MDAs; Ministry of Gender, Labour and Social Development (MGLSD), The Uganda Law Reform Commission and Uganda Police Force.

Most of these finances are towards sensitization of communities on GBV issues, emphasizing its adversity and the need to reduce and later avoid it for example, the expenditures to the Uganda Law Reform Commission in FY 2016/17 were specifically towards sensitization of training programs for investigators of sexual violence offences in Kigezi, Busoga, Elgon, Moroto, Kidepo, North Kyoga and KMP regions.

The CSBAG report indicates that 10bnUGX in 2014/2015, 53bn UGX in 2015/16 and 29bn UGX IN 2016/2017 was allocated to GBV related activities.

This is 3% of the total budget for the financial Bear, Ministry of Gender Labor and Social Development is the least funded Ministry.

However, there are other development partner initiatives that are specifically targeting gender based violence such as the Spotlight Initiative and the United Nations Population Fund and United Nations Women have signed an agreement to put into effect the joint programme on Gender Based violence in Uganda with support from the Embassy of Sweden in Uganda. The Embassy of Sweden in Uganda has given the two UN agencies a fund of 28,750,000 million dollars and the program will focus on supporting all activities done to prevent and respond to gender based violence.

However funding to this sector remains inexplicably low and pales in comparison to the scale of the problem.

Is the parliament aware of the importance of anti GBV activities in the development of women and the society?

YES: The Parliament of Uganda is aware of the 1 importance of GBV activities however, the greatest challenge has been the lack of prioritization in budgeting and enacting of certain laws.

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Article The Article Content Number Article Ensure that, in 4 ( j) those countries where the death penalty still exists, not to carry out death sentences on pregnant or nursing women

Assessment Questions

Situation/ Reality Report

Are there provisions within the criminal laws of the country that deals with this article?

YES: The 1995 Constitution of the Republic of Uganda 1 provides for the death penalty in Article 22 (1). Other laws that provided for the mandatory death penalty are: the Penal Code Act Cap. 120, Anti-Terrorism Act, 2002 (as amended by the Anti-Terrorism Amendment Act, 2015) and the Uganda Peoples Defence Forces Act, 2005.

The three statutes provided for the mandatory death penalty until the Susan Kigula ruling and the Enactment of the Law Revision (Penalties in Criminal Matters) Miscellaneous Amendment Act, 2019.

What kind of advocacy In 2003, FHRI filed a petition on behalf of all prisoners initiatives will make this on death row challenging the constitutionality of the death penalty – Susan Kigula & 417 Others happen? vs. Attorney General (Constitutional Petition No. 6 of 2003). The petition argued, in the first instance, that the death penalty was a cruel, inhuman and/ or degrading treatment and punishment and was therefore inherently unconstitutional. It also argued, in the alternative, that the mandatory death sentence was unconstitutional, and that execution by hanging is an unconstitutional method of execution. The petitioners further argued that the long delay between a sentence and execution thereof made an otherwise constitutional death penalty unconstitutional.

The Constitutional Court held that a mandatory death sentence violated the right to a fair trial by denying a proper sentence hearing and precluding the appellate review of criminal sentences and violated the principle of separation of powers; and that any inordinate delay lasting longer than three years would be unconstitutional. The Court, however, held that the death penalty in itself is constitutional.

The court also ordered that: “For the petitioners whose appeal process was completed and their sentence of death had been confirmed by the Supreme Court, their redress would be put on halt for two years to enable the Executive exercise its discretion under article 121 of the Constitution.

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They could return to court after expiration of this period; Appellants still before an appellate court would be offered a hearing on mitigation of sentence; the court would exercise its discretion whether or not to confirm the sentence and a respect of those whose sentence of death would be confirmed the discretion under articles 121 should be exercised within 3 years.” The Attorney General appealed the decision to the Supreme Court.

The Supreme Court dismissed the appeal and upheld the decision of the Constitutional Court and added some modifications to the above judgement that: “For those respondents whose sentences were already confirmed by the highest court, their petition for mercy under section 121 of the Constitution must be processed and determined within three years if no decision is made by the executive, the death sentences shall be deemed commuted to imprisonment for life without remission; For those respondents whose sentences arose from the mandatory sentence provisions and are still pending before an appellate court, their cases shall be remitted to the High Court for them to be heard only on mitigation of sentence, and High Court may pass such sentence as it deems fit under the law.”

This judgement has been used as jurisprudence within the region. In Tanzania, the Legal and Human Rights Centre instituted a case with similar grounds challenging mandatory death sentencing. Since the ruling scrapped mandatory death sentencing, the second gravest punishment in Uganda is life imprisonment. Life imprisonment however, is defined under Section 86 (3) of the Prisons Act, 2006, as imprisonment for 20 years for purposes of calculating remission.

According to the judiciary, this meaning of life imprisonment was too lenient; more so because some judges were handing down sentences above 20 years as an alternative for offences that attracted the death penalty. In 2011, the Supreme Court in Stephen Tigo v Uganda, defined life imprisonment, “as the natural life term of a convict.

The actual period of imprisonment may stand reduced on account of remissions earned.” This definition has not been fully understood by the judiciary. In this regard, FHRI has petitioned court to provide a clear definition of imprisonment for life.

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Article The Article Content Assessment Questions Number What measures are in place to guarantee fair hearing for women in those countries where death penalty still exist?

Situation/ Reality Report

Article 4 (k)

Are there are policies that have operationalized or internalized this in cases of IDPs?

YES: Section 29(1) of the Refugee Act, 2006 1 provides that rights of refugees while in Uganda A recognised refugee shall, subject to the Act, the OAU Convention and the Geneva Convention Act Cap.363— (a) be issued with an identity card in a prescribed form stating the refugee status of the holder for purposes of identification and protection; (b) be permitted to remain in Uganda; (c) be entitled to fair and just treatment without discrimination on grounds of race, religion, sex, nationality, ethnic identity, membership of a particular social group or political opinion;

What measures are taken to guarantee the protection of women IDPs in camps?

Uganda developed and approved the National Policy for Internally Displaced Persons, 2004 which guarantees the protection of all IDPS including women who are considered a vulnerable group.

Ensure that women and men enjoy equal rights in terms of access to refugee status determination procedures that women refugees are accorded full protection and benefits guaranteed under international refugee law, including their own identity and other documents.

The Law Revision (Penalties in Criminal Matters) Miscellaneous Amendment Act, 2019 amends the Penal Code Act and the Anti-Terrorism Act, 2002 to remove the mandatory death penalty prescribed by these laws and to restrict the death penalty to the most serious crimes under those laws. It removes the restriction on mitigation in the case of convictions that carry a death penalty and defines life imprisonment or imprisonment for life.

Section 29 of the Refugee Act, 2006 provides that Rights of refugees while in Uganda. (1) A recognised refugee shall, subject to the Act, the OAU Convention and the Geneva Convention Act Cap. 363 and the Refugees Act, 2006 (a) be issued with an identity card in a prescribed form stating the refugee status of the holder for purposes of identification and protection; (b) be permitted to remain in Uganda; (c) be entitled to fair and just treatment without discrimination on grounds of race, religion, sex, nationality, ethnic identity, membership of a particular social group or political opinion; Uganda developed and approved the National Policy for Internally Displaced Persons, 2004 which guarantees the protection of all IDPS including women who are considered a vulnerable group.

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Article The Article Content Assessment Questions Number

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Additionally, development partners such as the UNHCR have developed a manual that provides guidance to national authorities seeking to prepare and enact domestic legislation and policies addressing internal displacement in their country. In presenting advice on how to shape laws and policies addressing the protection and assistance needs of internally displaced persons (IDPs) and ensuring their rights, the manual draws on two key sources: 1. the rules of international human rights law and international humanitarian law, as reflected in the UN Guiding Principles on Internal Displacement hereinafter referred to as Guiding Principles, (see annex 1 for the full text) 2. an increasing body of IDP-specific laws and policies already enacted and implemented by national authorities in countries of every region in the world. As the Guiding Principles underline, it is not the international community but national authorities that “have the primary duty and responsibility to provide protection and humanitarian assistance to internally displaced persons within their jurisdiction� (Principle 3(1)).

The Manual aspires to recognize the efforts made by national authorities in many countries to assist and protect IDPs, to highlight laws and policies that have been most compatible with international law norms, and to encourage and assist those in positions of responsibility in other countries affected by internal displacement to undertake the difficult but crucial task of drawing up protective laws and policies of their own. To prevent internal displacement, protect the displaced during displacement, and find durable solutions for them once the cause of displacement no longer exists requires no more and no less than respect for human rights and, in armed conflict situations, the protective rules of international humanitarian law.

As a result, in some situations the protection of IDPs’ rights demands the same measures as are necessary to protect the rights of all citizens, regardless of whether or not they are displaced. For instance, a central means of implementing the right to liberty and security of person is the enactment of laws that set out protections against arbitrary arrest or detention that are applicable to all citizens, whether or not they are displaced.

Total

18

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Existing Gaps in implementation A review and scoring of Articles 4 of the Protocol- “The Rights to Life, Integrity and Security of the Person” highlights major gains and gaps. The review shows that in the last decade in Uganda, significant gains have been made in legislation and policies on the equality of men and women, girls and boys, including the ratification of important international human rights instruments, the raising of the age of majority with relation to sexual acts from 16 to 18, a broadening of the definition of rape, and prioritizing women land rights through legislation.

What remains a key challenge is the enforcement of these laws. There is still a huge challenge to prevent violence against women and other harmful practices of which women are the main victims. Keen observation was made with specific clauses in Article 4. Referencing 4.1, 4.2 (d), 4. 2 (e), 4.2(f), 4. 2 (i). See analysis and recommendations below

Article 4.1: Every woman shall be entitled to respect for her life and the integrity and security of the person.

All forms of exploitation, cruel, inhuman or degrading punishment and treatment shall be prohibited.

Key focus Question; Are there norms and practices traditional, cultural, public and private space in alignment with these articles?

Existing norms and practices both in public and private spaces serves as a barrier to improving the status of women and girls in Uganda. For example, sexual and gender-based violence is one of the most pervasive human rights violations. And this is perpetuated by norms and practices which create unequal power relations between men and women.

Women, children, elderly, persons with disabilities and other vulnerable persons continue to be the main victims of harmful cultural practices. Some practices carried out under the “guise” of traditions” or “culture” are incompatible with universal human rights standards enshrined in domestic and in regional and international human rights instruments of which Uganda is a Party, as well as customary international law. The practices include female genital mutilation (FGM), forcible initiation into secret societies and trial by ordeal, allegations of witchcraft and ritualistic killings. The general social attitude towards lesbian, gay, bisexual, transgender and intersex (LGBTI) people are homophobic and transphobic.

Among others: The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), the Convention on the Rights of the Child (CRC), the UN Security Council Resolutions 1325 and 1820, and the Rome Statute of the International Criminal Court.

Recommendation The State Party should further strengthen implementation of the existing legal frameworks; enact the Marriage and Divorce Bill, 2009 and the Sexual Offences Bills, 2012 into law.

The State Party should commit resources towards establishing special redress mechanisms for gender based violence. This includes establishment of special courts and GBV shelters.

The State Party should design national awareness programs to sensitize communities about the benefits of balancing power and achieving gender equality.

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ARTICLE 5: ELIMINATION OF HARMFUL PRACTICES Article 32 (2) of the Constitution stipulates that laws, cultures, customs and traditions which are against the dignity, welfare or interest of women or any marginalized group, or which undermine their status, are prohibited.

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Article Number Article 5(a)

The Article Content Assessment Questions Creation of public awareness in all sectors of society regarding harmful practices through information, formal and informal education and outreach Programmes;

Situation/ Reality Report

Score

What are the existing harmful practices affecting the lives of woman and girls in the country?

The existing harmful practices affecting the lives of women and girls in Uganda include female genital mutilation, demand for return of bride price, child marriages, child labor, domestic violence, violence against women and children widow inheritance, sexual violence (defilement, rape, sexual harassment at work and commercial sex exploitation of young girls), physical violence, emotional and economic violence as well as harmful traditional practices.

Is there broad awareness by the public of harmful practices - through formal and informal education and outreach programmes?

YES: For example, the Uganda Police Force has 1 adopted a module on GBV in the training curriculum of new entrants into the Force. The health sector has developed a Manual to train all health workers in clinical management of GBV including counselling of victims. Under the National Strategic Plan on Elimination of Violence against Children in School, the Ministry of Education and Sports has developed the Reporting, Tracking, Referral and Response Guidelines for all cases of violence against children in schools.

Are there public awareness programmes and campaigns aimed at educating the public on harmful practices?

YES: The MGLSD has engaged cultural institutions in 1 the drafting of Declarations and Council Resolutions that address child marriages, HIV/AIDs and gender based violence (GBV). Traditional Authorities such as the Ker Kwaro Acholi have developed Gender Principles that recognise the rights of women in Acholi; these have been used to guide the work of traditional justice mechanisms in their dispute resolution roles.

As media contributes to the perception of women in society, GoU has continued to train media personnel on the importance of gender-responsive reporting. A Multimedia Strategy on GBV (2015) was developed to guide a campaign to eliminate GBV using the media. The Uganda Women Media Association (UMWA), comprised of women from various media houses, is sensitising both the media personnel and the public about the perpetuation of stereotypes in the media that inherently harm women.

UMWA owns and runs a radio station that provides an open platform for women to voice their concerns and discuss issues pertaining to women’s advancement and gender equality. These programmes are intended to raise awareness of the status of women in society and change negative attitudes about them.

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Article Number

5(b)

The Article Content Assessment Questions

Prohibition, through legislative measures backed by sanctions, of all forms of female genital mutilation, scarification, medicalization and Para medicalization of female genital mutilation and all other practices in order to eradicate them

Situation/ Reality Report

Are there targeted sensitization campaigns in areas with high incidence/ prevalence of harmful practices?

YES: GoU uses Advocacy Days in Sabiny, Tepeth, 1 Pokot and Zero Tolerance to commemorate FGM abandonment and to raise consciousness about the dangers of the practice

Are there adequate enforcement mechanisms (laws and obligations) prohibiting FGM, scarification, medicalization and Para medicalization of women and girls?

YES: GOU has put in place multiple frameworks to 1 protect women against gender roles and stereotypes that restrict their potential, endanger their lives and encourage patterns of the superiority of one gender over another. In particular, GoU has taken steps to create a culture that is more supportive of women’s empowerment by initiating programs and policies to eradicate harmful practices such as Female Genital Mutilation (FGM), all of which reinforce the superiority of men and expose women to health risks, physical harm and emotional distress.

In 2010, the Constitutional Court of the Republic of Uganda declared FGM as an unconstitutional practice because he practice contravened Articles 21(1), 22(1), 24, 32(2), 33(1) and 44(a) of the Constitution. In the same year, GoU enacted the Prohibition of FGM Act, 2010 and the Female Genital Mutilation Regulations, 2013 that operationalizes the 2010 Act.

Are the existing enforcement mechanisms punitive enough to act as an effective deterrence?

YES: The National Policy and Action Plan on the 1 Elimination of Gender Based Violence in Uganda (2016) was adopted. The Policy makes provision for management FGM and other forms of VAW. The current legal and policy frameworks have also led to an increase in the reporting of FGM cases, including arrests and prosecutions as prescribed by the law. Since 2013, at least 62 arrests were made, with 33 prosecuted and sentenced across the six districts where FGM is practiced. This includes six arrests in 2016 out of the 32 reported; five cases in 2015, 50 in 2014 with 32 charged in court and one in 2013. GOU has established GBV shelters in Karamoja and Sebei sub-regions which have provided clinical management and care, psychosocial and legal, protection and re-integration of survivors into the community.

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Article Number

The Article Content Assessment Questions

Situation/ Reality Report

Score

GoU has also integrated FGM/C prevention and management into reproductive health programmes to reach out to communities. This includes access to services for FGM survivors, such as treatment of sexually transmitted infections, fistula, and family planning, as well as legal and protection services.

5(c)

Provision of necessary support to victims of harmful practices through basic services such as health services, legal and judicial support, emotional and psychological counselling as well as vocational training to make them selfsupporting;

Are there designated medical staff trained to deal with victims of harmful practices

YES: Government has emphasised capacity building 1 and dissemination of anti GBV strategies in various sectors. The Uganda Police Force has adopted a module on GBV in the training curriculum of new entrants into the force. The health sector has developed a manual to train all health workers in clinical management of GBV including counselling of victims.

Are there specialized YES: There are specialized desks in health facilities 1 desks in health and designated health workers to respond to the facilities set aside to needs of survivors. respond to the physical, psychological and emotional needs of victims of harmful practices?

Are there effective national and devolved response systems, both legal and judicial, distributed across the country to address cases of harmful practices?

Do victims and survivors of harmful practices receive vocational training on personal growth?

YES: Under the National Strategic Plan on 1 Elimination of Violence against Children in School, the Ministry of Education and Sports has developed the Reporting, Tracking, Referral and Response Guidelines for all cases of violence against children in schools.

YES: The specialized training is usually offered by 1 civil society organisation in collaboration with the government.

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Article Number 5 (d)

The Article Content Assessment Questions

Situation/ Reality Report

Protection of women who are at risk of being subjected to harmful practices or all forms of violence, abuse and intolerance

Are there special fairly distributed, affordable and accessible services such as safety shelters, counselling services and economic empowerment programs for women subjected to harmful practices and violence?

YES: GOU has established GBV shelters in Karamoja 1 and Sebei sub-regions which have provided clinical management and care, psychosocial and legal, protection and re-integration of survivors into the community. GoU has also integrated FGM/C prevention and management into reproductive health programmes to reach out to communities.

This includes access to services for FGM survivors, such as treatment of sexually transmitted infections, fistula, and family planning, as well as legal and protection services.

Are the support services well-resourced (financial/human) to respond to reported cases of harmful practices?

NO: The support services are not adequately 0 resourced especially by the State however, civil society organisations with support from donor agencies continue to resource the facilities adequate enough for survivors to access support services.

Are law enforcement officers trained to offer special protection to women at risk of harmful traditional practices?

YES: A considerable number of police officers have 1 been trained however, the vast majority are yet to receive such training.

Is there support for appropriate community mobilization and education measures against harmful practices?

YES: GOU’s awareness-raising campaigns have 1 reached over 82,509 people, empowering women and men about the dangers of FGM, the advantages of abandoning the practice and disseminating FGM laws. GoU uses Advocacy Days in Sabiny, Tepeth, Pokot and Zero Tolerance to commemorate FGM abandonment and to raise consciousness about the dangers of the practice. Similar campaigns and community mobilization exercises have taken place in different parts of the country.

TOTAL

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12

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ARTICLE 5: ELIMINATION OF HARMFUL PRACTICES This Article was assessed based on the following questions; 5(a) Creation of public awareness in all sectors of society regarding harmful practices through information, formal and informal education and outreach Programmes; i. What are the existing harmful practices affecting the lives of women and girls in the country? ii. Is there broad awareness by the public of harmful practices - through formal and informal education and outreach programmes? iii. Are there public awareness programmes and campaigns aimed at educating the public on harmful practices? iv. Are there targeted sensitization campaigns in areas with high incidence/prevalence of harmful practices?

OUTCOME OF COUNTRY LEVEL ASSESSMENT Uganda has a robust legal and policy framework for the protection of women against harmful practices.

These include the Constitution of Uganda Articles 21(1), 22(1), 24, 32(2), 33(1) and 44(a), the Domestic Violence Act 2010 and its regulations 2011, the prohibition of Female Genital Mutilation act 2010 and its regulations 2011, Guidelines for the Establishment and Management of GBV shelters 2013, the National Referral Pathway Guide for Prevention and Response to Gender Based Violence Cases in Uganda 2013 and the Employment Act 2006 and Sexual Harassment Regulations 2012 among others.

The major harmful practices in Uganda include Female genital Mutilation, Child marriages, Bride price refund, widow inheritance, child labor and violence against women. In the landmark case of Mifumi Vs AG (Constitutional Appeal No. 2 of 2014), court held that the refund of bride price on the dissolution of marriage is unconstitutional and a violation of the dignity of women as stipulated under the Articles 21(1), 22(1), 24, 32(2), 33(1) and 44(a) of the Constitution1. In the same year, GoU enacted the Prohibition of Female Genital Mutilation Act, 2010, and the Female Genital Mutilation Regulations in 2013. Lastly, the National Policy and Action Plan on the Elimination of Gender Based Violence in Uganda (2016) was adopted which addresses the issue of FGM, along with other forms of violence against women. (VAW).

The MGLSD has engaged cultural institutions in the drafting of Declarations and Council Resolutions that address child marriages, HIV/AIDs and gender based violence (GBV). Traditional Authorities such as the Ker Kwaro Acholi have developed Gender Principles that recognise the rights of women in Acholi; these have been used to guide the work of traditional justice mechanisms in their dispute resolution roles.

In 2011, only 2% of women in Uganda had undergone FGM, most of them within the practicing communities of the Sabiny in Eastern Uganda and the Pokot in the region of Karamoja (UBOS, 2017). To date, Government efforts to eradicate the practice have yielded positive results; educational campaigns and programmes for FGM abandonment are being rolled out in practicing communities, in partnership with NGOs, Faith Based Organisations (FBOs), cultural institutions and UN Agencies. MGLSD, with support from UNFPA, developed a 1 Law & Advocacy for women in Uganda v Attorney General (Constitutional Petition No. 8 of 2007) [2010] UGCC 4 (28 July 2010).

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Training of Trainers manual for community facilitators to conduct dialogues about FGM at the grassroots level.

Government is also working with civil society and NGOs to promote abandonment of FGM and the acceptance of alternative rites of passage that do not involve FGM. More significantly, there have been shifts in the acceptance of FGM as a practice. A Declaration against FGM has been signed by the Pokot as evidence of their commitment to end FGM in Amudat District. From 2012 to 2016, at least 174 communities made public declarations on FGM abandonment. In 2011, attitudes about the continuance of FGM were on the decrease: a reported 91% of women supported its eradication, compared to the 9% who wanted it to continue (Uganda Demographic and Household Survey, 2011). Of these, the younger population denounced the practice the most, signalling that the harmful culture of female circumcision and genital mutilation will likely come to a halt in the future (UBOS, 2017). Lastly, women who were wealthier and more educated were less supportive of the practice than their poorer, less educated counterparts (UBOS, 2017), showing that education and access to resources plays a big part in FGM abandonment.

GOU’s awareness-raising campaigns have reached over 82,509 people, empowering women and men about the dangers of FGM, the advantages of abandoning the practice and disseminating FGM laws. GoU uses Advocacy Days in Sabiny, Tepeth, Pokot and Zero Tolerance to commemorate FGM abandonment and to raise consciousness about the dangers of the practice. As an outcome of this form of advocacy, recent studies have evidenced a further decrease in the number of people supporting FGM, and a consequent decline in the occurrence of the practice. According to the U-Survey Preliminary Report, FGM in the Sebei region decreased from 50% to 20.6 % and from 95% to 67% in the Karamoja districts. In 2017, a joint survey carried out by UBOS and UNICEF in the Sebei and Karamoja Sub-Regions found that 26.7% of the population had been circumcised (Female Genital Mutilation/Cutting, A survey Report, 2017). These trends are evidence of the changing social norms in communities that practice FGM the most.

As media contributes to the perception of women in society, the GoU has continued to train media personnel on the importance of gender-responsive reporting. A Multimedia Strategy on GBV (2015) was developed to guide a campaign to eliminate GBV using the media. The Uganda Women Media Association (UMWA), comprised of women from various media houses, is sensitising both the media personnel and the public about the perpetuation of stereotypes in the media that inherently harm women. UMWA owns and runs a radio station that provides an open platform for women to voice their concerns and discuss issues pertaining to women’s advancement and gender equality. These programmes are intended to raise awareness of the status of women in society and change negative attitudes about them.

From 2012 to 2016, at least 174 communities made public declarations on FGM abandonment. In 2011, attitudes about the continuance of FGM were on the decrease: a reported 91% of women supported its eradication, compared to the 9% who wanted it to continue (Uganda Demographic and Household Survey, 2011). Of these, the younger population denounced the practice the most, signalling that the harmful culture of female circumcision and genital mutilation will likely come to a halt in the future (UBOS, 2017). Lastly, women who were wealthier and more educated were less supportive of the practice than their poorer, less educated counterparts (UBOS, 2017), showing that education and access to resources plays a big part in FGM abandonment.

Government has emphasised capacity building and dissemination of anti GBV strategies in various sectors.

The Uganda Police Force has adopted a module on GBV in the training curriculum of new entrants into the force. The health sector has developed a manual to train all health workers in clinical management of GBV Scorecard | 29

including counselling of victims. Under the National Strategic Plan on Elimination of Violence against Children in School, the Ministry of Education and Sports has developed the Reporting, Tracking, Referral and Response Guidelines for all cases of violence against children in schools.

GAPS Despite the enactment of laws such as the Domestic Violence Act 2010 and its regulations 2011, the prohibition of Female Genital Mutilation act 2010 and its regulations 2011, Guidelines for the Establishment and Management of GBV shelters 2013, the National Referral Pathway Guide for Prevention and Response to Gender Based Violence Cases in Uganda 2013 and the Employment Act 2006 and Sexual Harassment Regulations 2012; amongst others, there are still challenges in addressing GBV in Uganda today.

Ugandan is characterized by strong patriarchal beliefs that value male supremacy and women’s subordination.

There are many underlying social/ cultural issues in society that perpetuate violence against women and girls, discrimination and subordination.

The enforcement of the laws that fight against GBV in Uganda today is limited by structural and financial constraints. Dichotomy behaviors in public and private spheres where leaders and the general public fail to walk the talk, also frustrates the efforts to address GBV.

RECOMMENDATIONS In order to create a lasting solution to GBV in Uganda, there is need to strengthen coordination of GBV through a multi sectoral approach, and also strengthen partnership with Faith Based Organizations (FBOs).

Government should put emphasis on up-scaling interventions for addressing GBV in all its forms and manifestations.

AREAS FOR ADVOCACY •

Establishment of special courts to ensure improved access to specialized services

•

Increased budgetary allocation to the ministry of gender in order to scale up awareness and knowledge enhancement.

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ARTICLE 6: MARRIAGE

No marriage shall take place without the free and full consent of both parties. This means that forced marriage is prohibited, parents cannot compel their daughter to marry a man against her will.

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Article Number Article 6(a)

The Article Content Assessment Questions

Situation/ Reality Report

No marriage shall take place without the free and full consent of both parties.

This means that forced marriage is prohibited, parents cannot compel their daughter to marry a man against her will.

YES: The Constitution of Uganda which is 1 the supreme law of the land prohibits forced marriages. Accordingly, other laws that emanate from the Constitution, including, the Marriage Act, Cap. 251, the Customary Marriage Registration Act, Cap. 248, Marriage and Divorce of Mohammedans Act, Cap. 252 and the Local Governments Act Cap. 243 do not provide for forced marriages.

Are there laws specifically prohibiting forced marriages and prescribing punishment? List these laws

It will be observed that article 31(1) of the Constitution sets the minimum age of marriage at 18 years old and Article 33(6) prohibits “laws, cultures, customs or traditions which are against the dignity, welfare or interest of women or which undermine their status.� Section 29 of the Penal Code Act, Cap. 120 as amended in 2007 outlaws sexual engagement with children, or persons under 18 years.

Is there accurate data on all marriages?

YES: The Uganda Registration Services Bureau Act 1 mandates the Uganda Registration Services Bureau (URSB) to receive among others things marriage returns for all marriages solemnized in Uganda.

Under the Marriage (Districts and Registrars) Oder, 2014, made under the Marriage Act, Cap. 251 sections 2,3 and 4, the Chief Administrative Officers are mandated to register customary marriages celebrated in the districts and to submit marriage returns to the Bureau. Under section 31 of the Marriage Act, Cap. 250, Marriage Certificates shall be registered. The Marriage Register Book in each district shall contain all marriage certificates registered.

Are law enforcement agencies adequately responding to cases of forced marriages?

YES. Although the Uganda Police Force Annual 1 Crime Report, 2019 indicates child related offences including child neglect, child stealing, infanticide among others, it does not report on forced marriages as one of the child related offences.

However, action to guard against practices such as forced marriages include the creation of Child and Family Protection Unit in the Uganda Police Force with 100% coverage in all Police Stations and Units throughout the country, establishment of sexual and child related offences Department at CID Headquarters with desks throughout the Police Districts handling cases involving children, continuous community sensitization on offences against children, and prosecution of child related offences in court.

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Article Number Article 6(b)

The Article Content Assessment Questions

Situation/ Reality Report

The Minimum age for women shall be 18 years.

YES: Article 31 of the 1995 Constitution of the 1 Republic of Uganda recognizes the rights of the family including a man and woman’s entitlement to marry if each the age of 18 years, entered into with free consent of both and equal rights at and in marriage, during marriage and at its dissolution. All other laws and policies emanate from the Constitution and are not inconsistent with the minimum age of marriage stipulated in the Constitution.

Does the law or policy specify the minimum age for marriage?

Score

Are there any NO. N/A customary or religiously recognized practices that provide for exceptions with regards to the minimum age for marriage?

Are there institutions that enforce marriage laws and the rights thereunder?

Article 6(c)

Monogamy is Are there laws that encouraged as the recognize polygamous preferred form of marriages? marriage and that the rights of women in marriage and family, including in polygamous marital relationships are promoted and protected;

NO. N/A

YES: Article 32 (2) of the 1995 Constitution of 1 the Republic of Uganda stipulates that laws, cultures, customs and traditions which are against the dignity, welfare or interest of women or any marginalised group, or which undermine their status, are prohibited. Accordingly, the Constitution of the Republic of Uganda, the Customary Marriage (Registration) Act, Cap. 248, the Marriage and Divorce of Mohammedans Act, Cap. 252 recognize polygamous marriages. Polygamy is recognized under Islamic law and in many of the cultures in Uganda. For this reason, it cannot be outlawed by Government.

The 1995 Constitution of the Republic of Uganda, recognizes the right for one to participate in a religious belief of their choice and the right to culture. Polygamy is a legal form of marriage in Uganda. Under the Customary Marriage Registration Act, Cap. 248, customary marriages may be polygamous. It should be noted that there are other legally recognized forms of marriages that are monogamous that parties can enter into. This includes civil marriages under the Marriage Act, Cap. 251 (Chapter 251 of Laws of Uganda).

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Article Number

The Article Content Assessment Questions Does the law/s guarantee protection of equal rights of women in marriage and family whether in monogamous or polygamous marital relationships?

Situation/ Reality Report

Score

YES: Article 21 of the Constitution of the Republic 1 of Uganda provides for equality and freedom from discrimination of all persons before and under the law. This Constitutional obligation is operationalized through a number of human rights and gender related policies, laws and programmes. These include the followingThe Equal Opportunities Commission Act, 2007, which established the Equal Opportunities Commission (EOC), mandates the Commission to eliminate all forms of discrimination including against women. The Commission reaches out to the entire country through the local governments’ structure and circuit tribunals.

The Commission is chaired by a female and out of the four members of the Commission, one is a woman. The EOC Act established a tribunal which adjudicates disputes relating to marginalization and discrimination based on sex, race and age among others. Since the establishment of the Tribunal, 1508 complaints (853 male and 655 female complainants) relating to discrimination and marginalization have been resolved

Does the law/s provide adequate mechanisms for redress in marital related cases?

YES: Government has adopted measures to protect 1 the land rights of women. This among other has been done in furtherance of the constitutional right to property guaranteed by Article 26 of the Constitution and the Land Act, Cap. 227. In 2013, Government adopted the National Land Policy. In this Policy, Government commits to promoting the land rights of women. For instance, the Policy commits to ensuring that both women and men enjoy equal rights to land before marriage, in marriage, after marriage and at succession without discrimination.

The Marriage Act, Cap. 251, the Divorce Act, Cap. 249, Customary Marriage Registration Act, Cap. 248, the Children Act, Cap. 59 and the Land Act, Cap. 227. Together these laws deal with matters including legality of a marriage, custody of children, and marital property at dissolution of a marriage.

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Article Number Article 6(d)

The Article Content Assessment Questions

Situation/ Reality Report

Score

Every marriage shall be recorded in writing and registered in accordance with national laws, in order to be legally recognized;

Are there mechanisms in place to register all marriages regardless of how they are solemnized (i.e. customary, religious, etc.)?

YES. The registration of marriages is conducted 1 under the marriage laws which include the Marriage Act, Cap. 251 (Sections 2, 3 and) the Customary Marriages (Registration) Act, Cap. 248 ( Part II- Sections 2-20), the Marriage and Divorce of Mohammedans Act, Cap. 252 (Sections 2 and 3) and the Local Governments Act, Cap. 243. (In relation to local governments, Statutory Instrument No. ‌ enables the appointment of Chief Administrative Officers as registrars of marriages in the Districts)

Are there institutions mandated to register marriages in accordance with national laws?

YES. Uganda Registration Services Bureau (URSB), 1 the registered religious organisations, the Local Governments Chief Administrative Office. (Section 2, First Schedule Marriage Districts). The Qadhis Courts Bill is work in Progress. The Qhadi’s Courts Bill was drafted in 2012 in accordance with Article 129 of the Constitution of Uganda, where Article 129 (1)(d) empowers Parliament to establish Qhadis courts for marriage, divorce, inheritance of property and guardianship.

If so, is this information YES. This information is available at the URSB and 1 registration of marriage the public can on payment of the fee prescribed known to the public? search the marriage register. Furthermore, the URSB has proposed to include in the Marriage and Divorce Bill a proposal to establish an electronic marriage and divorce register to make information on all marriages and divorces accessible to the public. This proposal is yet to be approved by the Minister responsible for justice and constitutional affairs.

Article 6(e)

The husband and wife shall, by mutual agreement, choose their matrimonial regime and place of residence;

Are there laws to protect the rights of women in marriage in regard to choice of matrimonial regime and place of residence?

YES: Article 31 (1)(b) of the 1995 Constitution 1 provides that a man and woman are entitled to equal rights at and in marriage, during marriage and at its dissolution. Article 31(3) of the Constitution provides for the equal status of men and women in marriage and at its dissolution.

Government has enacted the laws to regulate marriages. These include, the Marriage Act, Cap 251 and the Divorce Act Cap 249.

Article 129 of the Constitution provides for the establishment of subordinate courts as Parliament may by law establish, including qadhis courts for marriage, divorce, inheritance of property and guardianship.

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Article Number

The Article Content Assessment Questions Are there laws that protect widows in relation to their place of residence?

Situation/ Reality Report

Score

YES: Under article 31 of the Constitution, 1 Parliament is enjoined to make appropriate laws for the protection of the rights of widows and widowers to inherit property of their deceased spouses and to enjoy parental rights over their children. The Land Act Cap. 227 and the Land Policy (2013) contain provisions for security of tenure and safeguarding of the land rights of women and children.

Specifically, Section 28 outlaws discrimination against women and children in respect of ownership, occupation and use of land, and Section 40 requires mandatory consent before disposal, mortgaging or transferring of land where the family derives sustenance.

Article 6(f)

Article 6(g)

A married woman shall have the right to retain her maiden name to use it as she pleases, jointly or separately with her husband’s name.

Are there guidelines governing women’s rights to choice of surname whether maiden or husbands?

YES: The 1995 Constitution

1

If not, what is the practice?

N/A

A woman shall have the right to retain her nationality or to acquire the nationality of her husband;

Are women aware of their rights to choice of retaining or acquiring nationality of husband?

YES: Article 10 of the Constitution of the Republic 1 of Uganda (1995) provides for citizenship by birth without discrimination as well as citizenship by registration. Along with the enactment of the Registration of Persons Act 2015, a National Identification and Registration Authority (NIRA) has been established to carry out systematic and continuous registration.

Article 15 of the Constitution provides for dual citizenship. A citizen of Uganda of eighteen years and above, who voluntarily acquires the citizenship of a country other than Uganda may retain the citizenship of Uganda subject to the Constitution and any other law enacted by Parliament.

Are there existing procedures for this?

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YES The Registration of Persons Act, 2015 1 enables the registration of all persons in Uganda.

The registration process ensures ease of access to registration centres at the lowest administrative unit in a local government and registration is free of charge.

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It also provides all citizens, including women, with legal identity, proof of nationality, place of birth, age, and kinship which are all critical for women to exercise their civic voice and rights. It allows women to vote in elections, open bank accounts, secure property, set up businesses, access the justice system, obtain passports, take up formal employment and access benefits and social services. The Registration of Persons Act, 2015 harmonises all forms of registration, including births. The possession of national identity facilitates access to education for children and can be used to confirm the age of a child, which has previously been difficult to ascertain in cases of sexual offenses and child marriages.

Article 6(h)

A woman and man shall have equal rights, with respect to the nationality of their children except where this is contrary to a provision in national legislation or is contrary to national security interests

Is this provision included in the constitution of the country?

YES: Article 10 of the Constitution of the Republic 1 of Uganda (1995) provides for citizenship by birth without discrimination as well as citizenship by registration under article 12.

Do national laws guarding children’s rights make this provision?

YES: The Children Act, Cap. 59 as amended in 1 2019 provides for the rights of children including the right to be registered after birth, to a name and nationality. With the enactment of the Registration of Persons Act (2015), the National Identification and Registration Authority (NIRA) enables systematic and continuous registration.

This Act enables the registration of all persons in Uganda. The registration process ensures ease of access to registration centers at the lowest administrative unit in a local government and registration is free of charge. It also provides all citizens, including women, with legal identity, proof of nationality, place of birth, age, and kinship which are all critical for women to exercise their civic voice and rights. It allows women to vote in elections, open bank accounts, secure property, set up businesses, access the justice system, obtain passports, take up formal employment and access benefits and social services. The Registration of Persons Act, 2015 harmonises all forms of registration, including births.

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Article Number 6(i)

The Article Content Assessment Questions

Situation/ Reality Report

a woman and a man shall jointly contribute to safeguarding the interests of the family, protecting and educating their children;

YES: Article 32 of the Constitution provides that the State shall take affirmative action in favor of marginalized groups on the basis of gender, age, disability or any other reason created by history, tradition or custom, for the purposes of redressing imbalances which exist among them.

Are there cultural beliefs and practices in alignment with this article?

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Under article 37, every person has a right as applicable to belong, enjoy, practice, profess, maintain and promote any culture, cultural institution, language, tradition, creed or religion in community with others.

Article 31(4) and (5) of the Constitution provide respectively, that it is the right and duty of parents to care for and bring up their children and children may not be separated from their families or the persons entitled to bring them up against the will of their families or those persons, except in accordance with the law. Article 30 provides for the right to education. Under article 34(2), a child is entitled to basic education which shall be the responsibility of the State and the parents of the child. Accordingly, parents are enjoined to educate all their children.

Article 6( j)

During her marriage, a woman shall have the right to acquire her own property and to administer and manage it freely.

Are there laws that allows women to acquire property and administer?

YES: Under article 26(1) of the Constitution, every 1 person has a right to own property either individually or in association with others.The Land Act (2010) Cap 227 and the Land Policy (2013) contain provisions for security of tenure and safeguarding of the land rights of women and children.

Specifically, Section 28 outlaws discrimination against women and children in respect of ownership, occupation and use of land, and Section 40 requires mandatory consent before disposal, mortgaging or transferring of land where the family derives sustenance.

If not, what measures are being put in place for women to own property?

TOTAL

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N/A

18

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ARTICLE 6: MARRIAGE This Article was assessed based on the following questions; 6a. No marriage shall take place without the free and full consent of both parties. This means that forced marriage is prohibited, parents cannot compel their daughter to marry a man against her will. i. Are there laws specifically prohibiting forced marriages and prescribing punishment? List these laws. ii. Is there accurate data on all marriages? iii. Are law enforcement agencies adequately responding to cases of forced marriages?

6b. The Minimum age for women shall be 18 years. i. Does the law or policy specify the minimum age for marriage? ii. Are there any customary or religiously recognized practices that provide for exceptions with regards to the minimum age for marriage? iii. Are there institutions that enforce marriage laws and the rights thereunder?

6c. Monogamy is encouraged as the preferred form of marriage and that the rights of women in marriage and family, including in polygamous marital relationships are promoted and protected; i. Are there laws that recognize polygamous marriages? ii. Does the law/s guarantee protection of equal rights of women in marriage and family whether in monogamous or polygamous marital relationships? iii. Does the law/s provide adequate mechanisms for redress in marital related cases?

6d. Every marriage shall be recorded in writing and registered in accordance with national laws, in order to be legally recognized; i. Are there mechanisms in place to register all marriages regardless of how they are solemnized (i.e. customary, religious, etc.)? ii. Are there institutions mandated to register marriages in accordance with national laws iii. If so, is this information registration of marriage known to the public? YES. 6e. The husband and wife shall, by mutual agreement, choose their matrimonial regime and place of residence; i. Are there laws to protect the rights of women in marriage in regard to choice of matrimonial regime and place of residence? YES ii. If not, what is the practice? N/A iii. Are there laws that protect widows in relation to their place of residence?

6f. A married woman shall have the right to retain her maiden name to use it as she pleases, jointly or separately with her husband’s name. i. Are there guidelines governing women’s rights to choice of surname whether maiden or husbands?

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ii. If not, what is the practice?

6g. A woman shall have the right to retain her nationality or to acquire the nationality of her husband; i. Are women aware of their rights to choice of retaining or acquiring nationality of husband? ii. Are there existing procedures for this?

6h. A woman and man shall have equal rights, with respect to the nationality of their children except where this is contrary to a provision in national legislation or is contrary to national security interests i. Is this provision included in the Constitution of the country? ii. Do national laws guarding children’s rights make this provision?

6i. A woman and a man shall jointly contribute to safeguarding the interests of the family, protecting and educating their children; i. Are there cultural beliefs and practices in alignment with this article? ii. Are there existing laws compelling both spouses to safeguard, protect and educate their children, whether still in union or outside the union?

6j. During her marriage, a woman shall have the right to acquire her own property and to administer and manage it freely. i. Are there laws that allows women to acquire property and administer? If not, what measures are being put in place for women to own property?

OUTCOME OF COUNTRY LEVEL ASSESSMENT Uganda ratified the Convention on the Elimination of all forms of Discrimination Against Women (CEDAW) in 1985, without reservations. Uganda has also ratified several other United Nations human rights conventions relevant to the rights of women, including the International Covenant on Economic, Social and Cultural Rights in 1987 and the International Covenant on Civil and Political Rights in 1995, the Convention Against Torture in 1986 and the Convention on the Rights of the Child in 1990. Uganda has not yet ratified the Optional Protocol to CEDAW. Uganda has also ratified the African Charter on Human and Peoples’ Rights (ACHPR) and, in July 2010, the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (Maputo Protocol). Uganda is also a signatory to the African Union Solemn Declaration on Gender Equality in Africa. 1.2.2 National legal framework on women’s rights.

THE CONSTITUTION The Constitution of Uganda of 1995 contains several provisions on the principle of nondiscrimination and equal rights of women and men. Under Article 21, “All persons are equal before and under the law in all spheres of political, economic, social and cultural life and in every other respect and shall enjoy equal protection of the law. [A] person shall not be discriminated against on the ground of sex, race, color, ethnic origin, tribe, birth, creed or religion, social or economic standing, political opinion or disability.” The Constitution sets the minimum age for marriage at 18 and specifies that “men and women are entitled to equal rights in marriage, during marriage and at its dissolution” (Article 31). Article 33, entitled Rights of women, provides that “The Scorecard | 41

State shall provide the facilities and opportunities necessary to enhance the welfare of women to enable them to realize their full potential and advancement”; “Women shall have the right to equal treatment with men and that right shall include equal opportunities in political, economic and social activities”; and “Laws, cultures, customs or traditions which are against the dignity, welfare or interest of women or which undermine their status, are prohibited by this Constitution”. This article also provides for special measures to increase women’s representation in public life: “women shall have the right to affirmative action for the purpose of redressing the imbalances created by history, tradition or custom”.

STATUTORY, CUSTOMARY AND RELIGIOUS LAWS In Uganda, statutory law is applied alongside customary and religious laws. Despite the provisions of the Constitution, discriminatory statutory, customary and religious laws remain in force, in particular in the areas of family law and property law. Reforming discriminatory legislation: roles and responsibilities Responsibility for eliminating law that discriminates against women is shared by the Ugandan Law Reform Commission (ULRC), Parliament and the executive branch of government. The ULRC is a central institution in the planning, preparation and presentation of new Bills. Established as a department of the Ministry of Justice in 1975, the Commission became an autonomous statutory body in 1990 and in 1995 became a constitutional institution.

The Commission has a wide-ranging mandate to review and update laws “in line with social, cultural and economic needs and values of the People of Uganda”. Although an autonomous body, it depends on the Attorney General’s consent or initiative for the conduct of most of its mandate. It plays a specific role in relation to implementing CEDAW recommendations on discriminatory legislation, and keeps track of the Ugandan government initiatives in this regard).

NGOs have taken a lead role in advocating for legal reform to increase protection for women’s rights. Use of strategic litigation by NGOs assisted by private lawyers is a strong advocacy tool in Uganda. Several landmark constitutional cases have recently been decided and others are pending. FIDA-U and the organization Law and Advocacy for Women in Uganda have initiated several cases before the Constitutional Court, successfully challenging discriminatory provisions of the Succession Act,4 as well as discriminatory provisions of the Divorce Act concerning the grounds for divorce (see infra). In 2007, the Constitutional Court declared a provision of the Penal Code Act, concerning the crime of adultery, to be unconstitutional. The provision makes it lawful for a married man to have an affair with an unmarried woman but unlawful for a married woman to have an affair with an unmarried man. Yet, decisions by the supreme jurisdiction, although legally binding on lower courts, are not necessarily applied in practice, in the absence of law reforms implementing such decisions. The decisions concerning the Divorce Act and the Penal Code Act, are still awaiting law reform to give them full effect. However, on the basis of the decision on the Succession Act in 2006, the Law Reform Commission has recently been directed by the line Ministry (the Ministry of Justice) to work on revising legislation.

GAPS Under current legislation, which is fractured and piecemeal8, there are no essential requirements common to all marriages, whether civil, religious or customary, leaving significant gaps in protection. For example, although the Ugandan Constitution provides that the minimum legal age for marriage for both men and women is fixed at 18 years, according to customary laws marriages are frequently arranged for minors, especially in rural areas. Furthermore, polygamy is authorized under customary and Islamic laws and women in polygamous relationships have no protection in the event of dissolution of the union. In some ethnic groups, custom also provides for men to “inherit” the widows of their deceased brothers (levirat), which is not prohibited by law.

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Under the Divorce Act, stricter evidentiary requirements apply to women than those that apply to men; women are required to show not only that their husbands committed adultery, but also provide evidence for additional grounds for divorce such as bigamy, sodomy, rape and desertion. This provisions has been declared unconstitutional by the Constitutional Court, but the law has not been reformed. Concerning custody of children, although the Status of Children Act 1996 provides that both parents are responsible for their children, under customary and religious laws men have sole parental authority. According to the Succession Act, property is apportioned among the deceased’s family members according to fixed proportions and widows stand to inherit 15%. Under the Act, women cannot inherit their father’s property (section 27). FIDA-U and other women’s rights organizations successfully petitioned the Constitutional Court in 2006 to declare this provision unconstitutional

RECOMMENDATIONS •

Strengthen efforts to eliminate harmful practices and stereotypes that discriminate against women. A strategic action plan geared to achieving this objective must be put in place without delay, involving both governmental and non-governmental actors. This objective should not be perceived as long-term, distant or unattainable.

•

Eliminate remaining discriminatory legislation and adopt laws to increase protection of women’s rights. Remaining discriminatory laws, including the Succession Act, must be reformed urgently.

Implement all relevant decisions of the Constitutional Court on succession, divorce, defilement etc. without delay. Laws including the Marriage and Divorce Bill and the Sexual Offences Bill must be urgently adopted to increase protection of women’s rights. A marriage and divorce law protecting Muslim women’s rights, in conformity with the Constitution and international law, must also be adopted urgently, with a view to eventually adopting a unified Act.

•

Take measures to ensure the effective implementation of the Domestic Violence Act. Implementing regulations, the necessary budget, and an implementation scheme must be adopted without delay. Such implementation scheme must include the following as priorities: Adoption by government of a training scheme for actors in the justice and law sector; Review of the Local Council Act to include the duties under the law as part of their mandate; Provision of training to local authorities on their new duties under the Law; Launch of a media awareness raising campaign on the Law, including air-time for NGOs; Include awareness raising/training module on the Law in police standard curriculum, and specialized training for community services officers; Improve Ministry of Health/NGO cooperation with a view to enhancing the capacity of health professionals under the law.

•

Enforce the prohibition on FGM, including through prosecution and intergovernmental cooperation.

•

Ensure women’s access to justice, by adopting measures to overcome obstacles, including the costs of criminal investigations and failures in the collection of forensic evidence, police investigations and trials.

AREAS FOR ADVOCACY Laws including the Marriage and Divorce Bill and the Sexual Offences Bill must be urgently adopted to increase protection of women’s rights. A marriage and divorce law protecting Muslim women’s rights, in conformity with the Constitution and international law, must also be adopted urgently, with a view to eventually adopting a unified Act. Scorecard | 43

ARTICLE 12: RIGHT TO EDUCATION AND TRAINING Eliminate all forms of discrimination against women and guarantee equal opportunity and access in the sphere of education and training.

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Article Number Article 12 (a)

The Article Content Assessment Questions

Situation/Reality Report

Eliminate all forms of discrimination against women and guarantee equal opportunity and access in the sphere of education and training;

Article 30 of the Constitution of Uganda recognizes education as a fundamental human right. The Ministry of Education and Sports introduced Universal Primary Education (UPE) in 1997, and Universal Secondary Education (USE) in 2007 to provide affordable education to all school going children. The Gender in Education Policy of 2017 was developed in line with the Education Sector Strategic Plan which guides gender mainstreaming in the education sector.

What are the mechanisms the government has put in place to eliminate all forms of discrimination against women in education?

Score

The policy is complemented by other policy initiatives and strategic plans that address barriers to girls and women’s education in Uganda. These include Gender in Education Strategic Plan 2015-2020 and the National Strategy for Girls’ Education 20142020. The EOC Act established a tribunal which adjudicates disputes relating to marginalization and discrimination based on sex, race and age among others.

Since the establishment of the Tribunal, 1508 complaints (853 male and 655 female complainants) relating to discrimination and marginalization have been resolved.

Are there any national initiatives to ensure women equally access education and training opportunities?

YES: GOU is implementing the Equity in the 1 Classroom (EIC) programme to facilitate equal participation of girls and boys in the classroom.

Under the programme, teachers are provided with technical support and training through Core Primary Teacher Colleges (CPTCs).

The training sensitizes teachers about specific issues affecting girl-child education and aims to relay teaching methods that progressively support girls’ participation. All CPTCs have been covered, and over 450 Coordinating Centre Tutors (CCTs) have been trained to reach out to other primary schools in the country.

Article 12(b)

Eliminate all stereotypes in textbooks, syllabuses and the media, that perpetuate such discrimination;

Is there any national mechanism in place to vet content in textbooks, syllabuses and media before publication and broadcast?

YES: Curriculum reviews for all levels were 1 undertaken to ensure equal opportunity for boys and girls by removing stereotypes that reinforce gender inequality from learning materials. The National Curriculum Development Centre developed standards and guidelines for textbook developers and publishers to develop gender-sensitive materials and illustrations.

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All teaching and learning materials were vetted for compliance before approval for use. Various education institutions continued to integrate gender in education programmes. Makerere University, for example, implements a crosscutting course of gender for all undergraduate students in all colleges.

Article 12(c)

Protect women, especially the girlchild from all forms of abuse, including sexual harassment in schools and other educational institutions and provide for sanctions against the perpetrators of such practices;

Are there any punitive measures for perpetrators of the stereotyping and discrimination of women?

NO

Are there national provisions protecting the girl child from all forms of abuse including sexual harassment in schools and other education institutions?

YES: There is an increased institutionalization 1 of gender mainstreaming in public and private universities. Of the 12 public universities, seven (7) had gender policies in place while others had guidelines and regulations on the promotion of gender equality and empowerment of women (sexual harassment regulations), some had institutional mechanisms for the promotion of gender equality and women empowerment in form of academic and administrative structures.

What are the enforcement mechanisms and punitive measures or sanctions in place protecting women and girls from perpetrators of such practices?

The Government passed the Sexual Harassment Regulations, 2012 under the Employment Act, 2006 to deal with sexual harassment in employment. The regulations provide for the establishment of a sexual harassment committee and a sexual harassment complaints procedure under parts III and IV respectively.

A person who contravenes any provision of the Regulations, commits an offence and is liable on conviction to a fine not exceeding six currency points or imprisonment not exceeding three months or both.

Where the labour commissioner fails to resolve the sexual harassment complaint, the complaint shall be referred to the industrial court.

The Computer Misuse Act, 2011 provides for cyber harassment in section 24. Under that section, a person who commits cyber harassment is liable on conviction to a fine not exceeding seventy two currency points or imprisonment not exceeding three years or both.

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0

Article Number Article 12(d)

The Article Content Assessment Questions

Situation/Reality Report

Provide access to counselling and rehabilitation services to women who suffer abuses and sexual harassment;

YES: The Government has adopted comprehensive 1 measures to address gender based violence as a socioeconomic, development and human rights concern. Violence against women is addressed under the broader term “Gender-Based Violence” (GBV).

GoU has established a multi-sectoral coordinated response to GBV.

Are there functional counselling and rehabilitation centers for women and girls that experience or have experienced genderbased violence?

Score

GOU has established GBV shelters in Karamoja and Sebei sub-regions which have provided clinical management and care, psychosocial and legal, protection and re-integration of survivors into the community. GoU has also integrated FGM/C prevention and management into reproductive health programmes to reach out to communities.

Article 12(e)

Integrate gender sensitization and human rights education at all levels of education curricula including teacher training.

What mechanisms has the government put in place to ensure that the national curriculum for leaners is gender sensitive and inclusive of human rights

There has been continuous systematic capacity building of trainees in teacher training institutions.

In all the 46 National Training Colleges (NTC), teachers were trained as the gender trainers.

Gender awareness creation sessions were conducted regularly for teachers during the holidays. As a result of the entrenched gender training in Teacher Training Institutions (TTIs), teachers graduate with an adequate understanding of the gender in education issues and how to respond to girls’ specific issues.

Is gender mainstreaming (education budgets, sector plans, and monitoring frameworks) incorporated in the current national education system?

YES: The GoU adopted the Gender Mainstreaming 1 Strategy to promote gender equality across all sectors. This Strategy requires all actors to ensure that gender is integrated in their policies, plans, budgets, programmes and activities.

Does the teachertraining curriculum in key government and private institutions incorporate gender responsive teaching methodologies?

YES: To ensure compliance and enforcement of 1 gender mainstreaming, the GoU enacted the Public Finance Management Act, 2015. The Act requires all MDA’s to have gender and equity compliant plans and budgets. The law further requires all MDAs and Local Governments (LGs) to obtain a Certificate of Compliance every year.

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Article Number

The Article Content Assessment Questions

Situation/Reality Report

Score

The Certificate is issued by the Ministry of Finance, Planning and Economic Development (MOFPED) on recommendation of the Equal Opportunities Commission (EOC) after satisfactory review and approval. Failure by MDAs and LGs to comply with mainstreaming gender and equity in their Budget Framework Papers (BFPs) results in non-issuance of the Certificate of Compliance and attracts a penalty of no funding or refusal of a budget allocation for that Ministry for that particular Financial Year.

Article 12(2)(a)

States Parties shall take specific positive action to: Promote literacy among women;

Are there any formal and/or informal programs aimed at enhancing literacy among women?

YES: Non-formal education for women was 1 delivered through Functional Adult Literacy (FAL) programme implemented by the Ministry of Gender Labour and Social Development with assistance from NGOs and alternative basic education programmes of the Ministry of Education and Sports.

FAL incorporates skills specific training in addition to literacy and numeracy and links literacy to people’s livelihood and needs.

It targets all persons of 15 years and above who missed opportunity of formal education during childhood and includes men and women of all ages and specific groups of marginalised persons such as prison inmates, persons with disability (PWDs), and ethnic minorities. Overall, literacy rates for adult persons aged 18 years and above increased from 67% in 2012/2013 to 74% in 2016/2017.

Literacy rates were higher for males (81%) than for females (67%). However, literacy rates for women increased from 57% to 67% during the same period.

Alternative basic education programmes were mainly implemented in Karamoja and hard to reach areas which enabled learners to be accredited to the formal education systems.

Article Promote education 12(2) (b) and training for women at all levels and in all disciplines, particularly in the fields of science and technology;

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Are there mechanisms in place to boost gender parity in the enrolment, retention and transition of women and girls in all levels of education?

YES: The Universal primary and Secondary 1 Education (USE) Program has contributed to an increase in girls’ enrolment. Government implemented activities to reduce gender disparities especially by addressing barriers to girls’ enrolment, retention and transition to next level as in the example below. The quality education initiative (QEI) programme for primary education targeted poorly performing districts. In such districts, dialogues were conducted on challenges leading to poor performance, solutions identified and actions undertaken. Issues which affected girls included; early marriage, violence, pregnancies.

Article Number

The Article Content Assessment Questions Are there national policies, strategies, or initiatives to enhance women participation in STEM courses and fields?

Situation/Reality Report

Score

NO: However, Government recognises that science, O technology and innovation is critical for socialeconomic transformation of the country. In this regard, the government offers a preferential salary to scientists in public service who earn more than their counterparts who studied humanities.

MoES implemented the Secondary Science and Mathematics Teachers (SESEMAT) programme for retooling teachers for improved teaching. The programme specifically targeted female science teachers to act as role models for girls’ participation in STEM. Scholarships for girls were offered by different organisations. Makerere University Council started tuition waiver scholarship for girls in 2010.

Article Promote the 12(2)( c) enrolment and retention of girls in schools and other training institutions and the organisation of programmes for women who leave school prematurely.

What measures has the State instituted to promote the re-entry of out of school girls and women in formal education system?

Government of Uganda has systematically instituted mechanisms for re-entry targeting the areas most affected by harmful practices. GoU has facilitated the construction of 22 boarding schools in Karamoja, with assistance from development partners. Additionally, female hostels have been constructed in seven vocational training institutions across the Karamoja, Rwenzori and Albertine regions (MGLSD, 2019:48). Lastly, GoU has rehabilitated five national teacher training colleges in Unyama, Kabale, Mubende, Kaliro and Muni to promote safe and accessible learning environments in Teacher Instruction Education Training (TIET) institutions.

These training colleges have been fitted with femalefriendly facilities, including incinerators, childcare centres and facilities for women with disabilities.

Has the government invented a criteria to reintegrate the out of school girls into Vocational training?

YES: The Constitution of Uganda recognizes 1 education as a fundamental human right, the Ministry of Education and Sports introduced Universal Primary Education (1997), and the Universal Secondary Education 2007 to provide affordable education to all school going children. The Gender in Education Policy 2017 was developed in line with the Education Sector Strategic Plan which guides gender mainstreaming in the education sector.

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Article Number

The Article Content Assessment Questions

Situation/Reality Report

Score

The policy is complemented by other policy initiatives and strategic plans that address barriers to girls and women’s education in Uganda. These include Gender in Education Strategic Plan 20152020 and the National Strategy for Girls’ Education 2014-2020. At Local Government level, legislation in form of bye-laws and ordinances as well as council resolutions on ending child labour, ending child marriages and teenage pregnancies, ending female genital mutilation to support access to education and address barriers to women and girls’ education are being implemented.

TOTAL

09

OUTCOME OF COUNTRY LEVEL ASSESSMENT ARTICLE 12: RIGHT TO EDUCATION AND TRAINING 1.

States Parties shall take all appropriate measures to:

The article is assessed premised on the following questions: a. Eliminate all forms of discrimination against women and guarantee equal opportunity and access in the sphere of education and training; i. What are the mechanisms the government has put in place to eliminate all forms of discrimination against women in education? ii. Are there any national initiatives to ensure women equally access education and training opportunities? b. Eliminate all stereotypes in textbooks, syllabuses and the media, that perpetuate such discrimination; i. Is there any national mechanism in place to vet content in textbooks, syllabuses and media before publication and broadcast? ii. To what extent does vetting mechanism address stereotyping and discrimination of women? iii. Are there any punitive measures for perpetrators of the stereotyping and discrimination of women? c. Protect women, especially the girl-child from all forms of abuse, including sexual harassment in schools and other educational institutions and provide for sanctions against the perpetrators of such practices;

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i. Are there national provisions protecting the girl child from all forms of abuse including sexual harassment in schools and other education institutions? ii. What are the enforcement mechanisms and punitive measures or sanctions in place protecting women and girls from perpetrators of such practices? d. Provide access to counselling and rehabilitation services to women who suffer abuses and sexual harassment; i. Are there functional counselling and rehabilitation centers for women and girls that experience or have experienced gender-based violence? e. Integrate gender sensitisation and human rights education at all levels of education curricula including teacher training. i. What mechanisms has the government put in place to ensure that the national curriculum for leaners is gender sensitive and inclusive of human rights ii. Is gender mainstreaming (education budgets, sector plans, and monitoring frameworks) incorporated in the current national education system? iii. Does the teacher-training curriculum in key government and private institutions incorporate gender responsive teaching methodologies?

2. States Parties shall take specific positive action to: a. Promote literacy among women; i. Are there any formal and/or informal programs aimed at enhancing literacy among women? b. Promote education and training for women at all levels and in all disciplines, particularly in the fields of science and technology; i. Are there mechanisms in place to boost gender parity in the enrolment, retention and transition of women and girls in all levels of education? ii. Are there national policies, strategies, or initiatives to enhance women participation in STEM courses and fields? c. Promote the enrolment and retention of girls in schools and other training institutions and the organization of programmes for women who leave school prematurely. i. What measures has the State instituted to promote the re-entry of out of school girls and women in formal education system? ii. Has the government invented a criteria to reintegrate the out of school girls into Vocational training?

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OUTCOME OF COUNTRY LEVEL ASSESSMENT The concept of equal opportunities hinges on having the same treatment or consideration in the enjoyment of rights and freedoms, attainment of access to social services, education, employment and physical environment or the participation in social, cultural and political activities regardless of sex, age, race, colour, ethnic origin, tribe, birth, creed, religion, health status, social or economic standing, political opinion or disability (Concept Paper on Equal Opportunities, 2000). The chapter explains the policy, legal and institutional framework for delivering equal opportunities in the country, the various categories of marginalised groups, concerns of the special interest groups relating to discrimination and marginalisation, sources and nature of vulnerability.

Policy, Legal and Institutional Framework The Government of Uganda is committed to uplifting the welfare of the marginalised, the discriminated against and the vulnerable groups. This is evidenced by the various policies, legal and regulatory frameworks targeting to enhance their participation in the development processes and promotion of access to services.

Policy Framework There are a number of policies that relate to equal opportunities in Uganda; (i) The National Youth Policy 2004 The policy provides an appropriate framework for enabling the youth to develop social, economic, cultural and political skills so as to enhance their participation in the development process and empowerment. (ii) The National Orphans and Other Vulnerable Children Policy 2004 The National Orphans and Other Vulnerable Children Policy 2004, provides a frame work for equal enjoyment of opportunities and responsibilities for orphans and other vulnerable children. (iii) The National Equal Opportunities Policy (2006) The National Equal Opportunities Policy (2006) is the basis for implementation of equal opportunities in Uganda. Among others, the policy emphasizes enhancement of; participation of the marginalised groups in the development processes; employment and income of the marginalised groups; access to reproductive resources and land; and access to justice, education and health services. (iv) The National Policy on Disability 2006 This policy aims at promoting equal opportunities for enhanced empowerment, participation and protection of the rights of PWDs. This is in recognition of the fact that PWDs can perform to their full potential given favourable conditions and opportunities irrespective of their social, economic or cultural background. (v) The Social Sector Strategic Development & Investment Plan (2011/12-2015/16) The Social Development Sector (SDS) promotes community level action to reduce poverty and promote the Scorecard | 53

rights of the poor, vulnerable and marginalised groups. The SDIP II restates government’s commitment to achieve growth with equity and sets out targets and strategic results in five thematic programme areas of community mobilization and empowerment, social protection for vulnerable groups, labour employment and productivity, gender equality and women’s empowerment and institutional capacity development. (vi) The Uganda Gender Policy 2007 This Policy gives guidance and directs planning, resource allocation implementation of development programs using a gender perspective. Both men and women are targeted with emphasis laid on women participation in decision making, resource management, land ownership and a shared responsibility on all family matters. (vii) The National Policy for Older Persons 2009 This policy provides a planning frame work with priority action areas to support, mobilize and empower older persons’ participation in economic growth and social development process. It lays emphasis on this importance of protecting older persons from risks and repercussions of livelihood shocks by overcoming constraints that impede the development of their productive capacities. (v) The National Development Plan (2010/2011-2014/2015) The Uganda National Development Plan was developed using a Human Rights Based Approach (HRBA) focusing on human dignity as a central factor in the development process of the country. Social development involves sensitization and mobilization of the citizenry to equitably participate in national development. The Uganda social development agenda is currently configured around; social protection, community mobilization and empowering gender and human rights and culture for development.

These thematic areas are approached using varied objective issues that encompass human development. The objectives include; a. To develop and nature a national value system, b. To promote positive cultural values, norms and practices, c. To expand social protection measures to reduce vulnerability and enhance the productivity of human resources, d. To promote gender equality and women empowerment by ensuring equitable access to opportunities and participation in development initiatives, and e. To strengthen the institutional capacity for the social development sector.

The Legal and Regulatory Framework The overall Legal and Regulatory Framework of EOC is derived from the Constitution of the Republic Uganda 1995 (as amended), the Equal Opportunities Commission Act 2007, international and regional conventions, treaties, protocols and declarations to which Uganda is party that relate to or are relevant to the functions and objects of the Commission. Some of the provisions relating to equal opportunities from the International and Regional Instruments are; 54 | Scorecard

i. Articles 1 and 2 of the Universal Declaration of Human Rights. ii. Articles 2 and 3 of the International Covenant on Economic, Social and Cultural Rights. iii. Article 2 of the International Covenant on Civil and Political Rights iv. Article 7 of the Convention on the Elimination of all Forms of Discrimination Against Women. v. Article 2 (1) and (2) of the Convention on the Rights of the Child. vi. Article 4, General Obligation (1) of the Convention on the Rights of Persons with Disabilities. vii. Articles 2 and 3 of the African Charter on Human and Peoples Rights.

In the 1995 Constitution of the Republic of Uganda, Article 21, and Chapter IV states that, “All persons are equal before and under the law in all spheres of political, economic, social and cultural life and in every other respect and shall enjoy equal protection of the law”.

STATE OF EQUAL OPPORTUNITIES IN THE EDUCATION SECTOR The Uganda Constitution provides for the right to education for all (Objective XVIII). Uganda is a signatory to the Convention on the Rights of the Child which gives high priority to education of children. Further, the Government is implementing the Education Strategic Investment Plan (ESIP) whose main priority is Universal Primary Education (UPE). In addition to these, Government efforts are focusing on enhancing secondary, vocational and tertiary education as well as Functional Adult Literacy (FAL). Education is widely renowned as an engine for empowerment, economic growth and general improvements in welfare. It is one of the most influential determinants of discrimination and marginalization. Equal access to quality education is an important indicator of compliance to equal opportunities. Consequently, education is one of the strategic sectors for reducing inequalities in the country, as it is mandated to address needs of both men and women through education and training.

National Policy Framework and Commitments The Government White Paper (1992) on Education is the basis for official policy regarding the various education programmes in the country. It is the supreme guiding document for the overall policy framework and main thrust of the Education and Sport Sector. However, the Ministry of Education, Science, Technology and Sport has various policies and strategic plans to guide the implementation of educational programmes. These are; Universal Secondary Education (USE) Policy; Special Needs Education (SNE) Policy; Non-Formal Education (NFE) Policy; Physical Education and Sports (PES) Policy. Strategic Plans include the: BTVET Strategic Plan 2010 – 2020; Secondary Education Strategic Plan (SESP) 2009 – 2018; and draft Special Needs and Inclusive Education Implementation Strategy 2012 – 2017.

The broad sector strategic policy priorities are: a. To increase and improve equitable access to quality education at all levels; b. To improve the quality and relevancy of education at all levels; and, c. To enhance effectiveness and efficiency in education service delivery.

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The Legal and Regulatory Framework The Sector’s Legal and Regulatory Framework is derived from the Constitution of the Republic of Uganda (1995).

The Constitution guarantees citizens a right to education and provides for affirmative action for disadvantaged people in education (Article 30). It is supplemented by various laws particularly the Education Act (2008), the BTVET Act (2008), the Universities and other Tertiary Institutions Act (2001), the UNEB Act (1983), NCDC Act (2000) and Education Service Act (2002).

GAPS •

A big percentage of children do not have opportunity to attend early childhood education (ECE).

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Regionally, children from the central have better opportunities to access ECD centers than other regions more especially the northern region. This has led to Inequality of knowledge levels upon enrolment in P.1 Regional inequality in knowledge levels.

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Majority of the Physical structures in schools are not disability friendly as such, Persons with Disability will continually be discriminated against accessing education

RECOMMENDATIONS Deliberate effort should be taken to provide equitable access to Early Child Education Centers.

Meaningful targets for investment should be set to equitably provide infrastructure of ECD in all regions of Uganda.

The government of Uganda through the Ministry of Education must ensure that every physical structure in schools should be disability friendly. All classrooms should be accessed by children with disability. The old buildings should be modified to enhance access for pupils with disability Government of Uganda should come up with a minimum wage. A minimum wage is the lowest monetary value which may be paid to a worker at a particular point in time. Being the lowest monetary value, a minimum wage provides a basic social protection floor to help safeguard incomes and living conditions of workers and their families who are considered most vulnerable in the labour market.

The Ministry of Local Government should consider filling up vacant posts in the areas of Health and Education to improve on the staffing levels especially where the performance is below 40%.

AREAS FOR ADVOCACY The passing of the Minimum Wage Bill

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ARTICLE 13: ECONOMIC AND SOCIAL WELFARE RIGHTS Ensure transparency in recruitment, promotion and dismissal of women and combat and punish sexual harassment in the workplace.

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Article Number Article 13(b)

The Article Content Assessment Questions

Situation/ Reality Report

Promote the right to equal remuneration for jobs of equal value for women and men.

NO. In government employment, there is no 0 segregation in the pay between men and women.

The pay for persons serving in the public serve are determined in accordance with the Ministry of Public Service Pay Structure which provides for the pay of officers by positions e.g. Permanent Secretary, Commissioner, Principal Officer, Officer etc. It doesn’t segregate between male and female employees in that sense.

Are there labour practices that work against this article in private and public institutions?

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In the private sector, employment terms are per contract terms, however given that majority of workers in the informal sector are women, there is no guarantee of equal pay for similar work.

Article 13 (c)

Ensure transparency in recruitment, promotion and dismissal of women and combat and punish sexual harassment in the workplace;

Does the Public service Career management system contain all the elements of this article?

YES. This is contained in: 1 (i) The Constitution of Uganda. Article 21 of the Constitution provides for equality and freedom from discrimination, including discrimination on the basis of sex. (ii)The Employment Act, 2006. Section 6 of the Act makes discrimination, including on the basis of sex unlawful. (iii)The Public Service Standing Orders. (iv)The Employment (Sexual Harassment) Regulations, 2012.

Section 7 of the Employment Act, 2012 is on sexual harassment in employment.

How is Sexual harassment handled in public institutions?

The Employment (Sexual Harassment) Regulations, 2012 make provision for handling of sexual harassment claims through a Sexual harassment Committee established by an employer. A person who contravenes the Regulations commits an offence and is liable on conviction to a fine not exceeding six currency points or imprisonment not exceeding three months or both.

Every employer who employs more than 25 employees is required to have in place measure to prevent sexual harassment at the work place (policy)

Is there a complaint YES: According to the Employment Act, an employee and redress mechanism who is sexually harassed is entitled to lodge a in place? complaint with a Labour Officer. A labour officer is given power to make any orders as would be made if it was a complaint of indiscipline or unjustified dismissal.

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Article Number

The Article Content Assessment Questions

Situation/ Reality Report

Score

The Employment (Sexual Harassment) Regulations 1 provides for the establishment of a Sexual Harassment Committee by an employer to handle sexual harassment cases. The Committee should be composed of representatives of management and employees or labour union.

The members of the sexual harassment committee must be persons knowledgeable in and sensitive to gender and sexual harassment issues.

The committee a investigates complaints of sexual harassment and reports findings to the Commissioner of labour or labour officer.

Article 13 (d)

Guarantee Women the freedom to choose their occupation, and protect them from exploitation by their employers violating and exploiting their fundamental rights as recognized and guaranteed by conventions, laws and regulations in force;

Are there professional practices or associations that discriminate against?

YES. Selection, promotion and career development 1 based on the male model of career development regarding the appropriateness of a person’s “fit” in an organization is a barrier for many women. Women are socialised to conform to societal expectations which sees men as better suited to holding certain positions than women. Women tend to assume that promotion will be the reward for technical ability and competence, while men identify their strong points and market them aggressively to those who matter.

Are there profession or career entry barriers targeted at wo

YES. Certain jobs are seen as women’s jobs and 1 these are usually the lower paying jobs like cleaning, cooking, personal assistants and receptionist. Lack of an instrumental mass of senior or visibly successful female role models and mentors is detrimental to participation of women in the work place. Lack of available childcare support at home and at work prevents women from participating effectively in the workplace. Dominant gender norms assign women domestic duties which can proscribe or discourage women from taking on public responsibilities and certain positions. This is especially the case in communities with religious or and/or patriarchal customary practices. Verbal contractual agreements still dominate the employment industry, pointing to some of the hidden vulnerabilities for women.

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Article Number

The Article Content Assessment Questions Are there labour practices that prevent women from exercising their rights?

Situation/ Reality Report

YES: Equal treatment at work as well as a safe, 1 healthy and satisfactory work environment is a right under the 1995 Constitution (as amended) of the Republic of Uganda. The Constitution, Employment Act and other laws and policies prohibit discrimination against anyone on grounds of sex, race, colour, ethnic origin, tribe, birth, creed or religion, social or economic standing, political opinion or disability. Sexual Harassment is a type of sex or gender-based form of discrimination involving unwelcome sexual conduct or pressure in the workplace and /or any other place. The law provides protection against such a conduct and it applies to both men and women.

Sexual harassment is a multi-faceted problem and normally manifests as a professional misconduct, gender based form of discrimination, a civil wrong and a criminal offence. Everyone (men and women, employers and employees) has a responsibility to prevent and stop the vice because of its far-reaching negative consequences of lost career opportunities, low productivity of health workers, poor service delivery and negative institutional reputation. In 2016, the Ministry of Health with assistance from IntraHealth International carried out the Sexual Harassment Formative Assessment (SHFA). This study revealed that sexual harassment starts during recruitment of health workers, mainly perpetrated by men in positions of power in recruiting positions.

This behaviour continues in the workplace, where some in-charges /supervisors offer unjustified incentives in exchange for sex.

The Uganda Human Rights Commission (UHRC) was established under the 1995 Constitution of the Republic of Uganda. The decision to establish a permanent body to monitor the human rights situation in the country was in recognition of Uganda’s violent and turbulent history that had been characterised by arbitrary arrests, detention without trial, torture and brutal repression with impunity on the part of security organs during the pre and postindependence era.

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Score

Article Number

The Article Content Assessment Questions

Situation/ Reality Report

Score

Article 52 (1) of the Constitution of the Republic of Uganda (1995) mandates the UHRC to: investigate human rights violations; inspect places of detention to assess the conditions of the inmates and make recommendations; carry out research and education and information to enhance respect for human rights; recommend to Parliament effective measures to promote human rights; monitor the Government’s compliance with international treaty and convention obligations on human rights.

The UHRC has the power of a court to summon persons and record relevant to its investigations.

If the UHRC finds that a human rights violation has been committed, it may order the release of a detained person, payment of compensation or any other legal remedy or redress.

To address the challenge of sexual harassment, the Ministry of Health developed guidelines on the Prevention and Response to Sexual Harassment (herein after referred to as “Guidelines�) to assist and guide users in implementing effective and standardized mechanisms for prevention and response to sexual harassment complaints in the health sector at all levels. These guidelines will help improve work conditions, workforce productivity, retention and morale of workers in the sector.

The guidelines were developed through a meticulous and consultative process involving senior technical and management teams at the Ministry of Health in collaboration with other Government Ministries, Departments and Agencies, Development Partners and the Academia.

The guidelines shall apply to all medical practitioners in public, private not for profit, private for profit health facilities, health training institutions (public and private), and any other persons and organizations providing health care in both formal and informal environments. They will also apply to all health workers including Heads of Departments, Unit Managers, Supervisors, Facility in-charges, technical staff, administrative and support staff, and interns in addition to all stakeholders who participate in health sector programs, activities at central, local government and other institutions. The Human Resource Department is mandated to oversee their efficient implementation at all levels.

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Article Number

The Article Content Assessment Questions Is there any agency in place set up to review unethical practices?

Situation/ Reality Report

Score

YES. The Labour Officer provided for under the 1 Employment Act has power to handle unethical practices.

The Industrial Court was established under the Labour Disputes (Arbitration and Settlement) Act, 2006 to arbitrate labour disputes referred to it under the Act; adjudicate questions of Law arising from references to it by any other law; and dispose of the labour disputes without undue delay. The Court has jurisdiction to handle labour disputes referred to it by a party to a dispute where a labour officer has failed to dispose of the dispute; disputes referred by the Labour officer at the request of the party or on the officer’s own volition when the officer is unable to resolve the dispute; or by responsible Minister on notice of an intended withdrawal of labour.

The Industrial Court also hears appeals against labour officers’ decision under the Employment Act. The Court has no original jurisdiction over Labour disputes.

Article 13 (e)

Create conditions to promote and support the occupations and economic activities of women in particular, within the informal sector;

Are there initiatives, programmes and policies targeted at women in business especially informal sector such as women credit support programmes, training in entrepreneurship development, women cooperative societies?

YES: The Sustainable Development Goals (SDGs), 1 Agenda 2030 calls for strategic interventions geared towards increasing rural women entrepreneurs’ income, a requirement, to meet SDG targets. SDG 8 aims to promote sustained, inclusive and sustainable economic growth, full and productive employment and decent work for women and men.

The National Development Plan II (NDP II) (2015/16 – 2019/20) has targets addressing women, including creating employment, raising average per capita income levels and improving labour force distribution. The NDP II also aims to focus on increasing household incomes, promoting equity and enhancing the availability and quality of gainful employment. The plan identifies gender issues, negative attitudes, mindset, cultural practices and perceptions as factors that hinder realization of the vision.

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Article Number

The Article Content Assessment Questions

Situation/ Reality Report

Score

The National Employment Policy (NEP), 2011 recognizes that employment of vulnerable groups such as women is important for wealth creation and poverty eradication. The strategies provided for in the policy focus on promotion, collection, and dissemination of improved data and statistics and design of programmes that involve and benefit the most disadvantages groups, including women.

The NEP recommends providing support to young people, particularly women, to make a transition from informal to formal employment.

The NEP creates room for ensuring that vulnerable persons get decent jobs, pay, and safety at a work place. The NEP has no implementation plan in place; however, the policy aims to foster programmes that harness the employment potential of its population of which women are inclusive.

The National Cooperative Policy (2011) envisions a strong, vibrant, and prosperous co-operative movement that effectively responds to the needs of the members. Its objectives include to build the capacity of the cooperative movement as a major way of realizing its visions.

The policy provides for the creation of opportunities for equal participation in cooperatives through entrepreneurial development, promotion of gender balance, and sensitivity to gender-specific concerns in the conduct of cooperatives’ business.

The NCP focuses on strengthening the organization and capacity of savings and credit cooperative societies (SACCOS), an important source of credit for women particularly in rural areas. Group formation is encouraged among women entrepreneurs to access a grant/loan. The group members provide collateral to secure a loan.

The 2015 Micro, Small and Medium Enterprise (MSME) policy objective (vii) provides that women owned MSMEs are supported at the policy level by (a) promoting gender equity and inclusiveness in business development; (b) promoting use of gender disaggregated data collection tools (business census); (c) promoting environmentally friendly businesses for sustainable development;

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Article Number

The Article Content Assessment Questions

Situation/ Reality Report

Score

(d) supporting environmental degradation and climate change mitigation; (e) supporting investment and adaptation of technologies that respond to economic change for women entrepreneurs (WEs), youth and PWDs; (f) instituting a reward system and permanent exhibition centre targeting women entrepreneurs and PWD innovators; (g) supporting funding for implementation of Gender Policy affirmative programs in addressing geographical, historical, and structural disadvantages in entrepreneurship; (h) continuing to implement programmes that check the spread of HIV/ AIDS among MSMEs that affect productive labour; (i) promoting ethics and integrity in doing business; and ( j) promoting the implementation of the 3Rs (recover, recycle, and reuse) in the activities of MSMEs where applicable.

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ARTICLE 13: ECONOMIC AND SOCIAL WELFARE RIGHTS States Parties shall adopt and enforce legislative and other measures to guarantee women equal opportunities in work and career advancement and other economic opportunities. In this respect, they shall:

OUTCOME OF COUNTRY LEVEL ASSESSMENT Equitable employment creation is significant to the national socio-economic development process. It is at the core of the transformation of Uganda from a poor agrarian economy to a modern, prosperous and skilled society. The main asset that the marginalised have is their labour and if appropriately harnessed it can be transformed into sustainable and productive employment as well as better quality of life. Article 32 of the Constitution of the Republic of Uganda states that “the state shall take affirmative action in favour of groups marginalized on the basis of age and any other reason created for purposes of redressing imbalances which exist against them�.

Equitable sustainable employment is the main source of livelihoods and self-fulfilment for most women and men. Human capital quality is essential for employability, higher incomes and sustainable economic growth.

Likewise, a well-nurtured, skilled and productive labour force contributes towards a dynamic economy and cohesive society and better quality of life. The only way to survive, generate value and prosper today and in the future is to become more innovative and productive. Participation in economic activity helps an individual to improve his or her life. Lack of access to decent and remunerative employment, lowers self-esteem; leads to denial of basic needs of the individual and the family thus perpetuating the vicious circle of poverty. The most direct impact of unemployment, low skill, low productivity and poor working conditions on the economy is the loss in terms of output of goods and services. The consequences of unemployment and underemployment could be seriously damaging as a potential source of industrial unrest, instability and increased crime rate.

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In light of the above, the Government of Uganda allocated 256 billion to implement the Youth Livelihood Program for a period of five years as a strategy to address the youth unemployment challenge. 7.1 Policy and Legal Framework on Employment The Youth Livelihood Programme is informed and premised on a number of relevant National and International legal and policy frameworks as follows: Policy Framework on Employment The YLP is responsive to Uganda’s Vision 2040 statement, “A Transformed Uganda Society from a Peasant to a Modern and Prosperous country within 30 years” and the theme of the National Development Plan (2010/11-2014/15), “Growth, Employment and Social-Economic Transformation for Prosperity”. The Programme is in line with the Social Development Investment Plan (SDIP) II of the Ministry of Gender Labour and Social 70 Development (MGLSD) that aims at promoting employment among marginalised groups for social transformation, as well as the National Youth Policy that recognizes productive employment as a measure of ensuring effective participation of the youth in economic growth and development. The YLP is also guided by the Millennium Development Goals that commit Member States to vigorously promote human development as the key to sustaining social and economic progress in all countries. The YLP in addition, is guided by the National Employment Policy, the National Gender Policy, Decentralization Policy, the Uganda National Culture Policy, Basic Education Policy for Disadvantaged Groups, the Programme for Modernization of Agriculture (PMA), the National Child Labour Policy and National Policy for Persons with Disability.

Legal Framework on Employment Uganda as a member state of the United Nations (UN), African Union (AU), and the Commonwealth, is obliged to implement youth programmes as stipulated in the UN Actions on Youth, the African Youth Charter, and Commonwealth Action Plan for Youth. Uganda is also a signatory to the Universal Declaration of Human Rights, 1948, which guarantees everyone the right to social security in the event of unemployment or lack of livelihood in circumstances beyond his/her control. At the regional level, Uganda has endorsed the Livingstone Call to Action, 2006, which obliges African states to put in place costed plans for the implementation of direct income support programmes especially to marginalized groups.

GAPS •

A lack of uniformity between the national labour law and laws of public and private organizations and failure of the labour law to address career entry barriers targeted at women.

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A lack of knowledge and awareness of these initiatives by government for informal sector women.

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Women’s unpaid care work is not recognized as an economic activity

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GENERAL RECOMMENDATIONS •

Expand sensitization on government programmes so that they can reach more informal sector women.

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Women’s unpaid care work is not recognized as an economic activity

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Government of Uganda should come up with a minimum wage. A minimum wage is the lowest monetary value which may be paid to a worker at a particular point in time. Being the lowest monetary value, a minimum wage provides a basic social protection floor to help safeguard incomes and living conditions of workers and their families who are considered most vulnerable in the labor market.

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The Ministry of Local Government should consider filling up vacant posts in the areas of Health and Education to improve on the staffing levels especially where the performance is below 40%.

CONCLUSION The Maputo Protocol score card is an effective monitoring system for national governments to honour their human rights responsibilities to women and girls who are some of the most vulnerable groups in our populations. Through this score report, we have been able to identify areas that must be strengthened by the Ugandan government. Unfortunately, government cannot do this alone and CSOs must come on board to help government implement the human rights articles in the protocol to ensure the welfare of women and girls in our countries. Without ensuring the rights of this fundamental groups of people, development on our continent will continue to lag behind.

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