UGANDA: ‘The UN human rights office was instrumental in addressing human rights concerns in the conflict and post-conflict period’
CIVICUS speaks about the closure of the United Nations (UN) office of the High Commissioner for Human Rights in Uganda with Robert Kirenga, Executive Director of the National Coalition of Human Rights Defenders-Uganda (NCHRD-U).
Founded in 2013, NCHRD-U is a civil society organisation (CSO) that coordinates Ugandan human rights defenders (HRDs) to work collectively to safeguard their work and protect their safety.
What work did the UN human rights office in Uganda do?
The UN human rights office in Uganda had a great impact on human rights over its 18 years. Initially, when Uganda was still plagued by a civil war that lasted almost 20 years, this office was instrumental in addressing human rights concerns in the conflict and post-conflict period. The UN set up sub-regional offices to monitor, document and report on the human rights situation and build state and non-state capacities in the field of human rights protection and promotion.
The UN office cooperated well with law enforcement agencies, the Uganda Human Rights Commission (UHRC), which is the national human rights institution, and CSOs. By supporting or holding joint activities aimed at defending human rights, the UN contributed to the visibility of various national institutions. It provided civic education materials to enhance the capacities of HRDs to understand, appreciate and apply treaty and charter-based mechanisms for upholding human rights in Uganda. Sometimes the UN provided funding for initiatives commemorating international human rights events, including Human Rights Defenders Day on 9 December, Human Rights Day on 10 December, International Day for Persons with Disabilities on 3 December and the International Day in Support of Victims of Torture on 26 June, among others.
Why is the UN office closing, and what’s been the reaction of Ugandan human rights organisations?
The UN human rights office is closing because the Ugandan government decided not to renew or extend its mandate, stating it believes it has fulfilled its role. Reactions to this decision have been mixed, with some feeling it was premature, as the office had still significant work to do, particularly since it was providing crucial support to the severely underfunded UHRC.
The closure of the office also had a significant impact on its employees and service providers, as it resulted in job losses and affected the income of landlords and other service suppliers. Many CSOs that had joint programmes with the UN office are experiencing a serious gap in their operations.
Some believed the local capacities the UN had developed over time were sufficient for local institutions to take on the responsibility of protecting and promoting human rights in Uganda, while others argued that the office had become compromised by the condition that whatever it did had to be in a joint venture with the UHRC. This led some to perceive the office as weak and ineffective when it came to reporting on and condemning significant human rights abuses during the 2021 general election, which included extrajudicial killings, enforced disappearances and torture.
How do you assess the work of the UHRC?
The UHRC has made efforts despite being underfunded. Its robust legal and policy gives it the authority to carry out its mandate impartially, so what it truly needs are human and financial resources so it can execute the full range of its duties. In can be independent if it’s adequately resourced and its members are guaranteed the security of tenure.
For a long time, the UHRC was hampered by lack of leadership due to the executive’s delays in appointing its members. There’s a public perception that appointees serve the interests of the appointing authority rather than the country, as the appointment process lacks public involvement and rigorous scrutiny. The appointment procedure must be reformed to become more transparent and participatory, embedding scrutiny at every stage, from nominations to parliamentary vetting.
The UHRC has also faced criticism for not fully exercising its powers, including the ability to summon state officials accused of serious human rights violations to hold them accountable and use quasi-judicial powers such as the power to release unlawfully detained people.
What work does NCHRD-U do?
Our mission as a coalition of HRDs is to safeguard the rights of HRDs and advance their work in a secure environment by collaborating with national, regional and international like-minded organisations. We pursue this mission in three key programme areas: capacity building, emergency support and protection, and advocacy.
In our capacity-building programme, we focus on enhancing the capabilities of HRDs to maintain their personal security, including digital safety. Our emergency support and protection initiative provides assistance from various security angles to HRDs under threat. Our advocacy efforts focus on improving the working conditions for HRDs by advocating for conducive laws and policies that protect human rights activism within local jurisdictions.
We also serve as the coordinating body for UN Charter and treaty-based mechanisms in Uganda. In this capacity, we bring together Ugandan CSOs to prepare and compile shadow reports for the UN Human Rights Council’s Universal Periodic Review process and human rights treaty bodies.
What human rights violations are experienced by LGBTQI+ people in Uganda?
LGBTQI+ people face human rights violations and abuse from a homophobic and intolerant society. They are often victims of discrimination in employment, are forcibly evicted by landlords and subjected to humiliation, derogatory name-calling, arrests, physical assaults and, in extreme cases, homicide. LGBTQI+ people can’t register organisations to advance their rights and can’t exercise their freedom of expression due to the fear of being identified, so they’re denied basic human rights. Communities are hostile to LGBTQI+ people. In essence, they do not enjoy the same freedoms and rights as others in society.
As for the Anti-Homosexuality Act of 2023, there appears to be some confusion and a lack of clarity around the fact that it criminalises homosexual acts, not the fact of being homosexual. But there are mixed signals regarding who can be prosecuted under the act and what charges they can face. The law was enacted in May 2023 and is in effect. The best that civil society could do was file a petition at the Constitutional Court questioning its constitutionality, and we are currently awaiting a hearing date.
What are conditions for human rights organisations in Uganda?
We face a number of challenges ranging from accessibility of financial resources to a restrictive legal environment that imposes redundant documentation and information requirements from different statutory bodies that often overlap and are very costly, cumbersome and time-consuming.
Moreover, we confront threats of closure, non-renewal of operating licences, illegal freezing of organisational accounts and intimidation, mainly from overzealous state officials, including arrests and assaults, particularly when attempting to exercise the right to protest.
Ability to operate in this challenging context varies among organisations. Some adopt a cautious approach and practise self-censorship, while others have become even more resilient and continue to pursue their agendas while challenging the status quo through legal avenues. While not many independent CSOs have had to shut down or relocate, the inability to mobilise resources and the long suspension and eventual winding up of the Democratic Governance Facility, a donor vehicle that supported CSOs, have heavily contributed to the crisis we are currently facing.
Some resources and funding continue to flow into human rights organisations from foreign missions accredited in Uganda and international organisations and foundations headquartered outside the country. However, there is a pressing need for solidarity with human rights CSOs facing challenges related to obtaining operating licences and funding constraints. Such international support is crucial to keep them afloat so they can continue their vital work.
Civic space in Uganda is rated ‘repressed’ by the CIVICUS Monitor.
Get in touch with NCHRD-U through its website or its Facebook page, and follow @NCHRD_UG and @BRKirenga on Twitter.