Country Report on Human Rights Practices for 1988
UGANDA
.
In January 1986, Yoweri Museveni and the National Resistance
Movement (NRM) emerged victorious from the long civil struggle
against the previous Obote and Okello governments which had
strong support from northern ethnic groups. Museveni abolished
the parliamentary structure and established an interim,
nonelected government pledged to give way within 4 years to an
elected civilian government. In this interim, Museveni, backed
by the military, exercises authority with the assistance of his
appointed Cabinet and the National Resistance Council (NRC)
,
composed of a cross-section of political, ethnic, and religious
personalities. The 1967 Constitution remains technically in
effect, but key provisions dealing with legislative and
executive powers are suspended and political activity is not
allowed, although parties still nominally exist. In 1988
there was debate in the NRC concerning future constitutional
arrangements which culminated in the appointment of a
Constitutional Commission at the end of the year to solicit
public views and to draft a new constitution. Progress toward
meeting the 4-year transition target has slowed in large part
because the Government still faces guerrilla activity in the
north and, to a lesser extent, in the east from remnants of
armies loyal to the previous regimes.
The security structure of the Government is composed of the
National Resistance Army (NRA) and the police. The NRA, a
disciplined organization during its earlier days as a
guerrilla organization, has absorbed soldiers from previous
regimes and recruited others who did not share the NRA's goals
before its assumption of power. Discipline and morale have
dropped, most notably in the contested areas, where up to
30,000 troops are in the field. NRA soldiers and deserters
have committed burglaries, automobile hijackings at gunpoint,
and other crimes even in the uncontested areas of Kampala and
West Nile. The Government punishes perpetrators when
apprehended. The police force, which initially had been
greatly reduced in size by the Museveni Government to
eliminate opposition elements, had become, by the end of 1988,
a large force of over 15,000 officers. Despite the
augmentation of the police in size and authority, the army
continues to perform many police tasks and will remain the
main internal security force for the foreseeable future.
Museveni inherited a devastated economy, and initial NRM
policies and continued civil conflict helped fuel inflation,
which in 1988 remained stubbornly high (about 100 percent).
Moreover, the decline in world coffee prices accentuated an
acute shortage of foreign exchange needed to help finance
imports and rehabilitate an infrastructure seriously damaged
by years of civil war. In 1987 and 1988, the Government
instituted economic reforms with the assistance of the
International Monetary Fund and the World Bank. While the
economy remained in serious difficulty in 1988, there were
signs that it had begun to improve with a projected growth
rate for the year of 4 to 5 percent.
Despite government efforts to address some human rights issues
and to give human rights in Uganda a high public profile
through the Commission of Inquiry into the abuses of previous
regimes, disrespect for the rights of civilians by all parties
to the military conflict in northern and eastern Uganda
continued to be a major problem in 1988. As a result of the
fighting, thousands of persons--some reports indicate as many
as 100,000 again in 1988--have been displaced. There were
continuing reports of many civilian casualties, of homes and
fields burned, of detention of civilians thought to be
unsympathetic to the NRA, and of occasional torture of persons
in NRA custody. The Government entered into serious peace
negotiations with two of the main opposition groups in 1988
and signed a peace treaty with the commanders of the Uganda
People's Democratic Army (UPDA) , but splinter UPDA groups and
other organizations continued to attack NRA troops at the end
of 1988. Over 8,000 former guerrilla fighters took advantage
of the Government's amnesty program, and hundreds of people in
detention, primarily from the conflict areas, were released
and returned home. The Government continued to be sensitive
about press reports covering the activities of the armed
rebels and allegations of NRA abuses, arresting a number of
journalists in 1987-1988 on treason charges. In a positive
move, the Government broadened the mandate of the Commission
of Inquiry to cover current human rights abuses once the
present inquiry concerning previous regimes is completed, but
that is not expected for at least another year.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including Freedom from:
a. Political Killing
While it is often difficult to distinguish between victims of
the civil war and of political murder, there continued to be
clear evidence of killing by both the NRA and opposition
elements in Uganda in 1988. The NRA faced persistent fighting
in the north and east from various opposition groups, and the
3-year war by some estimates has claimed the lives of over
10,000 persons. In the north, the NRA, under the leadership
of Major General Salim Saleh, convinced commanders of the
Uganda People's Democratic Army (UPDA) to agree to a ceasefire
in June and, shortly thereafter, to sign a peace treaty.
However, the UPDA leadership abroad refused to participate in
the negotiations, and splinter UPDA groups continued to attack
NRA troops at the end of 1988. Despite similar peace
initiatives towards the Uganda People's Army (UPA) , the NRA
has been unsuccessful in concluding a peace agreement in the
east. Remnants of Alice Lakwena ' s Holy Spirit Movement also
harassed government troops in Gulu and Kitgum. Opposition
forces continued to assassinate local authorities and members
of the resistance committees, especially in eastern Uganda,
and killed villagers or burned their granaries for their
alleged support of the NRA. NRA troops have also treated
villagers harshly. In a few documented cases, NRA soldiers
and civilian mobs summarily executed alleged criminals.
Deputy Transport Minister Robert Ekinu, who had been captured
while on a peace mission and held hostage for 8 months by the
Uganda People's Army, was killed in early August when NRA
troops attacked a UPA camp near the northeastern town of
Scroti
.
In August President Museveni addressed soldiers at Lubiri
after receiving reports that 23 soldiers had broken into the
prison to lynch a police officer arrested in connection with
the death of an NRA officer. He stressed that soldiers are
expected to obey all laws, and said that although the Uganda
law may be too slow, the soldiers must be disciplined and not
act outside the law. He promised judicial reform to improve
the system. In July, at the invitation of the Government, the
International Committee of the Red Cross (ICRC) held a seminar
for senior NRA officials on the laws of war, with emphasis on
humanitarian law.
b. Disappearance
Reports of disappearance, common under previous regimes, have
markedly declined under the NRM Government. However, despite
requests by village elders and international organizations,
the Government has not compiled or released a list of those
held in detention, most of whom are prisoners taken in the
fighting. Consequently, many families do not know what has
happened to their relatives. The ICRC is active in tracing
people for relatives in civilian and military facilities and
has received government cooperation in specific cases. Still,
the lack of an institutionalized process of identifying
prisoners has seriously hampered efforts to account for
"missing" persons.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
Torture and inhuman treatment are not sanctioned by Ugandan
law, but for many years extreme forms of torture took place at
detention centers, particularly military barracks, where
political prisoners were often held illegally. Human rights
organizations, such as Amnesty International (AI), have
alleged inhuman treatment and torture by the NRA, which has
its own detention centers outside the jurisdiction of Ugandan
law. The three-piece tie, a form of torture which entails
tying a person's arms behind his back until the elbows meet,
is still used, although President Museveni has said it is
against official government policy. This painful procedure
can lead to gangrenous infections of the hands and arms as
well as rupture of the breastbone and asphyxiation. Other
alleged abuses include scattered reports of rape of women and
the use of both electric shock and dripping of melted plastic
on the body as forms of torture. In October the Government
arrested 6 members of the internal intelligence organization
in connection with the death of a civilian in their custody.
The Director of Intelligence Services said publicly that this
should serve as an example to other officers who abused their
powers, and the government newspaper applauded the arrests.
At the end of the year, the 6 remained in prison. No formal
charges have been filed.
Prison conditions are substandard with poor sanitary
conditions, and lack of food, blankets, and medicine.
Diseases such as typhoid, dysentery, and malaria are
widespread. In civilian prisons, there are allegations that
medicine intended for sick prisoners is sold outside the
prison by prison officials. In mid-June, a government minister
indicated that Luzira Prison held over 6,000 persons rather
than 2,000 for which it was designed. (This was heatedly
refuted by the Government.) The NRM Government has allowed
the ICRC to visit civilian prisons throughout the country and
has cooperated in improving conditions in response to ICRC
suggestions. However, the Government did not allow the ICRC
access to military prisons throughout the year, despite an
agreement in December 1987 to allow such visits. Most of the
persons taken prisoner in the fighting in the north and east
are held in military prisons.
d. Arbitrary Arrest, Detention, or Exile
A number of persons were subjected to arbitrary detention,
both legal and extralegal, during 1988. Criminal suspects are
often held without bail--though not incommunicado--f or long
periods of time while the Government investigates. Most
political and security detentions take place outside the
regular legal system, and such detainees usually are held in
either military prisons or as "lodgers" in civilian prisons.
There are an estimated 2,000 such detainees. A screening
process for "lodgers" involving review by a screening
committee, resistance councils, and district administrators,
gained momentum in 1988. On October 6, 950 prisoners were
released from Luzira and other prisons in Kampala, the
majority as a result of the screening.
Children continued to be detained in 1988, with an estimated
150, aged 13 to 15, in Ugandan prisons. AI ' s 1988 report,
which covers 1987, notes in particular the cases of Kenneth
Oloya, aged 15, and his brother Bosco Okura, aged 14, who were
arrested by soldiers in the north and detained without charge
throughout 1987. They probably were among the 950 prisoners .
released in October 1988.
Military detainees, drawn mainly from Langi, Acholi, and Teso
ethnic groups which inhabit the war-torn areas of the north
and east, are suspected of being guerrilla fighters or
sympathizers, and are not allowed to post bail. The amnesty
offered in June 1987 officially ended in May 1988. Before the
amnesty ended, some 8,500 former rebels from the UPDA, Holy
Spirit, UPA, and 9th October Movement surrendered and were
sent to a "rehabilitation camp" at Nabisojjo for a 1-year
politicization program. The Government announced in October
that most would be released, and that as many as 5,000 would
join the army or police forces. In September President
Museveni again appealed to all rebels to surrender.
Persons are detained in political and security cases under the
Public Order and Security Act of 1967, which permits unlimited
detention without charge. In 1988 no one was charged under
this law, and human rights activist Lance Seera Muwanga,
detained under this Act in February 1987, was released in
March.
Charles Kagenda-Atwooki , a member of the Uganda People's
Congress, was arrested after participating in a British
Broadcasting Corporation broadcast and charged with possession
of antigovernment documents. His trial was in session in
December. In May Joel Walehwa was arrested and held
incommunicado by security officials for 4 1/2 months for
interrogation prior to being formally charged with treason in
October. At year's end, a trial date had not been set.
Exile is not used as a means of political control. With
regard to forced or compulsory labor, see Section 6.c.
e. Denial of Fair Public Trial
The court system consists of magistrates courts, the High
Court, and a Supreme Court. The Ugandan judicial system
contains procedural safeguards modeled after British law,
including the granting of bail and appeals to higher courts.
Members of the legal profession are highly educated and
generally respected. Persons accused, if brought to trial,
are generally accorded a fair public trial, although the
process of justice is slow and laborious. The NRM in 1988
appointed a Permanent Secretary for Judiciary Administration
to ease some of the burden on the chief registrar and resolve
problems in judicial service.
There are no special courts for political or security cases.
In December the National Resistance Council passed two bills
that give the President wide-ranging power to declare a state
of insurgency, authorizing the NRC to taken any measures
"necessary" to deal with the situation. Special magistrates
courts would be authorized in parts of the country declared
"areas of insurgency" by the President. Under the bills,
these courts would have the power to suspend certain civil
liberties in the interests of speedy justice, and strict
adherence to rules of evidence, including the presumption of
innocence, would not be required. No section of the country
has yet been declared to be in a state of insurgency.
In rural areas, the Government has given local Resistance
Committees (RC's) authority to settle civil disputes, such as
questions about land ownership or payment of bills at the
local level. RC decisions may be appealed in the regular
magistrates courts.
Military tribunals hear charges against soldiers, and any
soldier accused of a capital offense must be assigned
counsel. The accused do not choose their counsel, but are
assigned a court-provided military attorney. Punishment is
strict, and several NRA soldiers have been executed after
being convicted by military tribunals. Those found guilty
serve time in civilian prisons. There are frequent acquittals
and appeals resulting in a reduction of sentence. In July the
Army Council proposed that special courts be established to
try all cases of armed banditry, including waging war on the
Government or the public, and unlawful possession of arms.
Captured rebels charged with treason were to be tried in these
special courts. No action had been taken on this proposal by
the end of the year.
In February two court-appointed assessors advised the
presiding judge to return a verdict of "not guilty" in the
long running treason trial case of former Commerce Minister
Evaristo Nyanzi and six others. The assessors argued that the
prosecution did not present its case according to judicial
standards and did not prove guilt "beyond a reasonable
doubt." In March the High Court acquitted Nyanzi and three
persons, but found the three others guilty of treason and
sentenced them to death. The lengthy trial, which began in
September 1987, was open to the public and covered extensively
in the press. Among those acquitted was Anthony Ssekweyama,
editor-in-chief of the Democratic Party newspaper. The
Citizen. Ssekweyama had also been detained several times
under the Obote government. The Government appeared to attack
the judicial independence demonstrated in this case when it
rearrested one of the acquitted, an NRA soldier and former
member of the Federated Democratic Movement of Uganda
(FEDEMU) , Major Mpiso, while he was leaving the High Court.
He is now being held at Makindye military barracks on a charge
of desertion.
In other important cases, in May former Minister of
Environmental Protection and Chairman of FEDEMU David Lwanga,
who was arrested in October 1986, was acquitted on charges of
terrorism and illegal possession of a firearm. His case was
adjourned five times by the chief magistrate because of
failure of the prosecution to prepare a summary of evidence.
In July former Minister of State Chris Rwakasisi and a former
security agent were sentenced to death on six counts of
kidnaping. Rwakasisi's trial began in late 1987 and included
seven murder charges for which he was acguitted. Also in
July, former Vice President Paulo Muwanga was acquitted on a
charge of kidnaping with intent to murder. However, he is
still in prison facing additional charges.
Some of the 25 alleged monarchists arrested in 1986, who were
said to have plotted the return to power of the King (Kabaka)
of Uganda, were acquitted in 1988. Others have been released
on bail and are still awaiting trial.
f. Arbitrary Interference with Privacy, Family, Home, or Correspondence
Under the NRM, interference by authorities with personal
privacy and family life through harassment of the populace has
diminished. Roadblocks, designed to intercept rebel
penetration and smuggling, are much less frequent. However,
the hijacking of private vehicles and armed robbery continue
in Kampala and other urban areas. In the contested areas of
the north and east, NRA soldiers turned to stealing, looting,
and other abuse of their authority. Although required by law,
search warrants are rarely obtained.
Under the two bills which authorize the President to declare a
state of insurgency, NRA soldiers would be given police powers
in insurgency areas, and individual protections such as search
warrants and the right to bail would be suspended.
There was no indication that the Government interfered with
private correspondence in 1988.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Freedom of speech in Uganda is restricted by the ban on
partisan political activity and government sensitivity about
press reports covering the activities of armed opposition
groups and allegations of NRA abuses. Political parties may
not hold press conferences or organize rallies and other
functions at which party officials would speak. Despite this
restriction, extensive public debate occurs in government and
nongovernment seminars and in the press.
Over 15 newspapers publish a wide range of viewpoints covering
the political spectrum. This coverage includes reporting of
human rights violations, the ongoing civil war, and alleged
corruption by government and army officials. Both the
President and the Information Minister have publicly stated
their support of a free press, but officials repeatedly warned
the press in 1988 that "freedom of the press does not mean
indiscipline and irresponsibility."
The Government in practice has used a variety of techniques to
curb press freedom, e.g., detentions of journalists and the
banning of The Weekend Digest in June 1986 for printing a
story unfavorable to the NRM. At least three Ugandan
journalists are currently awaiting trial on treason charges
arising out of newspaper articles, including Digest editors
Wilson Mandera and Jesse Mashate who were first arrested on
charges of treason in 1986. They were released on bail
pending trial. The authorities detained Lance Seera Muwanga
in February 1987, ostensibly because of his article in the
African Concord in which he accused the NRM of human rights
violations in excess of those committed under Idi Amin.
Muwanga was released in March 1988 for humanitarian reasons.
John Kakooza, the editor of The Citizen, was arrested in
December 1987 after publication of an article stating the
rebels were in control of important parts of the country. He
was released but was redetained in March and again released.
An assistant editor, Joseph Kiggundu, was charged with
publishing false information in connection with a story on the
death of former Energy Minister Andrew Kayiira. The
authorities also arrested on charges of treason, Francis
Odida, editor of the Sunday Review, in late 1987 for an
article dealing with Alice Lakwena ' s Holy Spirit Movement,
which is one of the opposition groups in the northeast. Odida
was released on bail in September and is awaiting trial.
Jackson Binyenda, the business manager of the Financial Times,
was arrested in May and questioned about terrorism. He was
detained for 75 days, then released when officials decided
there was no case against him.
In addition to these detentions, some newspaper offices
suffered mysterious break-ins in 1988. AT has been concerned
about recent trends and in a July 1988 report on press freedom
in Uganda, pointed out a "serious pattern whereby the state is
imprisoning or threatening with imprisonment those who
criticize government policy or performance."
b. Freedom of Peaceful Assembly and Association
Permits for public gatherings must be obtained from police
authorities, who have the right to deny the permit in the
interest of public safety. Although political parties are not
banned, political activity is not allowed; thus large
gatherings usually occur either on government-sponsored or
religious occasions. In rare cases, permits have been denied
to fundamentalist religious groups for fear of public
disturbances. Professional associations operate without
hindrance, as do international service associations.
For a discussion of freedom of association as it applies to
labor unions, see Section 6. a.
c. Freedom of Religion
There is no state religion in Uganda. Christianity, Islam,
and African traditional religions are freely practiced.
Conversion between religions is not obstructed. There is no
government control of religious publications, even those with
an antigovernment bias. Foreign missionaries and other
religious figures are welcome in Uganda. In March, however,
the Government expelled a Russian Orthodox missionary for
publishing information "likely to cause public alarm," and in
October the Government imposed stricter foreign exchange
regulations on incoming missionaries. Religious leaders
frequently speak out publicly on topics relating to their
followers' welfare, addressing in particular human rights,
security, and political issues. Because of increasingly
serious and violent disagreements over Muslim leadership
issues, the Government submitted the leadership question to a
Ugandan court in 1987. The Government's insistence on
adherence to the court's decision has eased tensions within
the Muslim community.
d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and Repatriation
In theory, Ugandans may work or live anywhere in the country
and move about freely within it. There are no restrictions
which prevent Ugandans from emigrating. In practice, travel
within the country in 1988 remained difficult because of
sporadic guerrilla attacks and rebel activity that cut off the
north and east from the rest of the country. Since the signing
of the peace treaty with the UPDA in midyear, travel to Gulu,
Kitgum, and Soroti has improved, although conditions outside
these towns, especially Gulu in the north, remained tense.
Because of clashes between the NRA and rebel forces in areas
in northern and eastern Uganda, as many as 100,000 displaced
persons moved to more secure areas. Food and resettlement
needs for those displaced persons have been supplied through
the Government, international relief organizations, and
bilateral aid.
In the early 1980 's, Uganda was the second largest generator
of refugees in Africa--over 300,000, the majority of whom fled
to southern Sudan and northeastern Zaire. In recent years,
most have returned. During 1988 about 100,000 Ugandan refugees
returned from the Sudan with the help of the United Nations
High Commissioner for Refugees (UNHCR) . An estimated 2,500
remained to be repatriated at the end of 1988. Another 2,700
elected to remain in Sudan.
Because of rebel activity by the Sudanese Peoples' Liberation
Army (SPLA) in 1987, Sudanese as well as Ugandan returnees
have fled across the border from Sudan into northern Uganda.
The UNHCR recognized about 4,500 Sudanese refugees in Uganda
by the end of the year. About half the 2,000 refugees who
fled a local conflict in Zaire in 1987 remain settled in a
refugee camp in Uganda.
There were no reported instances of forced repatriation or
resettlement of refugees in 1988.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Ugandans presently do not have the right to change their
government by democratic means. Yoweri Museveni and his army,
the NRA, emerged victorious from the long civil conflict in
January 1986. Museveni immediately abolished the parliamentary
structure and established an interim, nonelected government
which is to last 4 years. The Government encompasses members
of various political power bases in Uganda, including political
parties and former fighting groups. President Museveni
broadened his Government in March with a major cabinet
reshuffle.
In theory, legislative authority resides in the larger National
Resistance Council, which has a broad cross-section of ethnic,
political, and religious personalities. In practice, however,
the NRC is more a sounding board than a decisionmaking body as
most major decisions are made by the political leadership of
the NRM. Village and district Resistance Councils (RC's) have
been established in 29 of the 33 districts, and RC's should be
selected shortly in Kitgum and Lira districts. In the
districts of Gulu and Soroti, rebel activities prevent the
election of RC s .
In August a widely advertised seminar on the proposed
constitution, which was planned by a private group in
coordination with high NRM officials, was prohibited by the
Government at the last moment. Prime Minister Kisseka said
the Government was "working on a timetable for presentation
and discussion of proposals for our new constitution," and
called the seminar "premature." The press and some members of
the NRC criticized the Government for blocking the August
seminar, and there have been no further efforts to circumscribe
debate. After much public speculation and assurances by the
Minister of Constitutional Affairs and the President, the
Government introduced legislation in October to establish an
11-member commission appointed by the President to review the
1967 Constitution, solicit public comments, and draft a new
constitution. The commission was appointed late in the year.
There are two female ministers and three female deputy
ministers in the Government, as well as a number of ambassadors
and one other (nonministerial) female member of the NRC.
There are many women advocates and judges, including three
women justices on Uganda's High Court. At the local level,
there are two women district administrators appointed by the
President
.
Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights
The NRM stresses publicly its efforts in the field of human
rights and welcomed representatives of AI , the Lawyers
Committee for Human Rights, and the U.S. Committee for Refugees
to Uganda in 1988. Visitors from these organizations met with
high-level government officials, including President Museveni,
as well as human rights activists and members of the
government-appointed Commission of Inquiry into human rights
abuses. The ICRC continued its programs of visits to prisons,
tracing missing persons, and family reunification. Although
the ICRC received permission at the end of 1987 to visit
military barracks, where many political detainees are held,
the military has not allowed them, to make such visits. The
ICRC had hoped to resume its full program of emergency
assistance in disturbed areas, but its operations in contested
areas such as Gulu and Kitgum were still curtailed by the army
at the end of 1988.
The Government's Office of the Inspector General has authority
to investigate government corruption, abuse of office by
government officials, and human rights abuses. Although it is
severely understaffed, it became more active in 1988, primarily
in responding to complaints from both individuals and
organizations concerning attempts to locate detainees and
arrange family visitation. An independent organization, the
Uganda Human Rights Activists, monitors human rights
developments within Uganda. Its publication, the Activist,
was closely scrutinized by the Government in 1987, but it
appeared regularly throughout 1988.
Section 5 Discrimination Based on Race, Sex, Religion, Language, or Social Status
Africans of three ethnic groups--Bantu (south), Nilotic
(north), and Nilo-Hamitic (east) --constitute most of the
population. Of these groups, the Bantu is the largest and
includes the Baganda, which, with more than 1 million members,
is the largest tribe. Ethnic cleavages and tribalism underlie
much of the cycle of war and political strife which has plagued
Uganda for decades. Such fears and concerns remain factors in
continuing rebel activity in the north and east and in
considerations of future constitutional arrangements. The NRM
Government has publicly repudiated tribalism and advocated
national reconciliation, stating that all citizens are
Ugandans first and foremost.
One ethnic group traditionally subject to discrimination in
delivery of the Government's economic and social services is
the Karamajong, a pastoral people with a tradition of cattle
ownership, who live in the semiarid region of northeast
Uganda. Under many regimes, including the present Government,
military action has been directed against them in reprisal for
their violent cattle raiding. The Karamoja region experienced
serious drought and faced famine in late 1987 exacerbated by
an influx of people displaced by military operations in the
east. As the Karamajong emerge from their traditional
lifestyle, the Government has created a Minister of State in
the Office of the President for Karamajong to help meet their
needs. In addition, the Ministry of Rehabilitation is working
closely with donor agencies to provide relief services in
Karamoj a
.
As Uganda is predominately rural, women have a traditional
role in agriculture, with significant variations between
ethnic groups. Women are not legally discriminated against or
officially restricted in seeking education or employment.
Even in urban areas, however, their access to education
declined disproportionately with the deterioration of the
educational system and economic stagnation. Families withdrew
daughters rather than sons from school in times of economic
hardship. Women played an important part in the NRA's bush
war, serving as soldiers, intelligence operatives, and support
personnel. Women lawyers are active in Uganda and recently
opened Uganda's first legal aid clinic which will provide free
legal services. The NRM created a women's secretariat charged
with educating and politicizing Ugandan women, as well as a
national council of women which is part of the Ministry of
Local Government with responsibility for coordinating the
activities of women's groups throughout Uganda.
Section 6 Worker Rights
a. The Right of Association
Under the present Government, most workers have the right
under Ugandan law to form unions, although skilled workers in
the civil service are not allowed to do so. The National
Organization of Trade Unions (NOTU) , Uganda's national labor
federation to which all unions are by law affiliated, held its
first free elections in 5 years in early 1986 and began
rehabilitating regional union structures. High inflation and
lack of transport, however, have made it difficult for
individual unions to organize, especially outside the major
commercial centers of Kampala and Jinja. Labor-government
relations have improved during the past year, and unions
generally have been supportive of government measures to fix
prices of essential commodities. NOTU participates in
meetings of the Interional Labor Organization (ILO), and it is
affiliated with the Organization of African Trade Union Unity.
The Minister of Labor has stated that the Government
recognizes the right of workers to strike, but it does not
approve of wildcat strikes and prefers that workers first
exhaust more conciliatory methods of resolving labor disputes.
Under the Trades Disputes (Arbitration and Settlement) Act,
the industrial court hears and arbitrates trade disputes
referred to it either by the Minister of Labor- or the parties
to the dispute.
b. The Right to Organize and Bargain Collectively
The right to organize and bargain collectively are recognized
in law. Union officials are not harassed and are free to
organize. The arrest of 2 union officials during a Coffee
Marketing Board strike in June arose from a misunderstanding
that was quickly resolved. In November 1988 the bank employees
union successfully bargained for higher pay and improved
working conditions. Labor legislation and practice is uniform
throughout the country. There are no export processing zones
in Uganda.
c. Prohibition of Forced or Compulsory Labor
Forced or compulsory labor is prohibited by law, except when
imposed by a court as part of a criminal sentence. nn^^er the
NRA code of conduct, soldiers tried by military tribunals can
be sentenced to forced labor as part of their punishment.
There have been reports of such labor at NRA military camps
where captured rebel soldiers are "rehabilitated."
d. Minimum Age for Employment of Children
Most of Uganda's almost 15 million people live in rural areas
on subsistence farms. In the modern wage sector, the legal
minimum age for employment is 12 years except for light work,
which the Minister of Labor may exempt. In addition, there
are legal restrictions on employing persons under 16 years of
age in mining and night work, except in the case of
apprenticeship (according to the ILO Committee of Experts, the
Government has promised to correct this "anomaly" in its next
revision of labor legislation).
e. Acceptable Conditions of Work
The legal workweek is a maximum of 45 hours. The minimum
legal wage is that of the lowest paid person employed by the
Kampala City Council, currently about $7 per month. In
practice, most workers--even those who are not represented by
unions--receive more than this minimum wage. Nevertheless,
most workers must either work a second job or grow food to be
able to feed their families and pay the primary and secondary
school fees. Medical care is supposed to be provided by
employers. There are also occupational, safety, and health
standards, but in practice, because of the serious decline in
the economy, there is little effort at enforcement of labor
laws
