Country Report on Human Rights Practices for 1991
UGANDA
President Yoweri Museveni and his National Resistance Movement
(NRM) took power in January 1986 after a 5-year guerrilla
struggle against the regimes of Milton Obote and Tito Okello.
Museveni replaced their parliamentary structures with an
unelected interim government headed by the National Resistance
Council (NRC) . Competitive nonparty elections in 1989 expanded
the NRC and brought in representatives from all parts of the
country. Later that year the transition to civilian government
promised for 1990 was postponed 5 years to allow consultations
on a new constitution. Museveni continues to exercise
authority through the NRC, an appointed cabinet, and the armed
forces. Opposition parties have grown increasingly active in
defiance of a ban on partisan political activity. Neither the
political opposition, the judiciary, the Inspector General of
Government, nor any other institution serves as an effective
check on executive power.
The National Resistance Army (NRA) is the key security
structure in Uganda. The army was expanded tenfold between
1986 and 1991, increasing its political power within the
Government. The wholesale absorption of the armies of previous
regimes and rebel groups eroded discipline within the NRA.
Soldiers and deserters have committed armed robberies, torture,
and murder. Some of those apprehended have been punished, and
the NRA has accepted liability for some abuses perpetrated in
the field. The Government claims that 10 soldiers have been
executed since 1989, and 30 more are under sentence of death
for crimes against civilians. The army, along with local
defense forces and village "spear and arrow" groups, also
performs police functions in rural areas. The Ugandan police
have been expanded in recent years, but much of the force is
corrupt, ill-trained, and poorly equipped. The Internal
Security Organization (ISO) is responsible for intelligence and
security.
Uganda's economic growth rate slowed to below 3 percent in 1991
from 3.2 percent in 1990 and over 6 percent in preceding
years. This was due primarily to the collapse of coffee prices
in 1989. Efforts to diversify the economy have increased
exports of tobacco, cotton, and tea, but coffee still provides
roughly 70 percent of the country's export earnings. As a
result of a deepening current account deficit, foreign aid
contributed 60 percent of government spending in 1991. In
accordance with reforms supported by the International Monetary
Fund, the number of government ministers was reduced from 72 to
38, and a reduction of 60,000 in the civil service was
announced. Inflation, which was brought down to 25 percent in
1990, is again on the rise. Little progress has been made to
alleviate rural poverty.
In 1991 the continuing insurgency in northern Uganda remained
the principal cause of most human rights abuses. Rebels
abducted, disfigured, raped, and killed civilians. NRA
operations in the area from March to June resulted in mass
detentions and incidents of rape and summary execution. About
1,000 persons the Government alleges were soldiers were
convicted of desertion and sentenced to 5- to 10-year prison
terms in administrative hearings without the benefit of due
process. Outside areas of unrest, there continued to be some
abuses: the Government arrested potential political opponents
and journalists, and prisoners were mistreated. At the end of
1991, over 150 Ugandans arrested since 1986 were awaiting trial
on treason charges. In response to criticism of its human
rights record, the Government established a high level ad hoc
committee to address the situation, with a particular focus on
conditions in military barracks. The committee, however, had
not yet begun to function by year's end. Other problem areas
were the denial of peaceful assembly and association, the
inability of citizens to change their government through
democratic means, and persistent societal discrimination
against women. None of the five commissions of inquiry set up
to investigate human rights abuses in previous years had
released their findings by the end of 1991.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including Freedom from:
a. Political and Other Extrajudicial Killing
There is no evidence that the Government sanctioned political
killings in 1991; however, the army and police were responsible
for many civilian deaths (see Section l.g.). Policemen and
soldiers have also been implicated in armed robbery, extortion,
and murder outside of areas of insurgency.
b. Disappearance
Hundreds of civilians were uprooted by conflict, and not all
were accounted for by the end of 1991. Most of those detained
by the army were subsequently released or reappeared in
barracks or prison. An unknown number were abducted by rebels,
some of whom later escaped. No government-sponsored
disappearances are known to have occurred in 1991.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
During the first half of 1991 the NRA reportedly tortured
prisoners in the field and in barracks. Suspects were
frequently beaten when apprehended and sometimes hobbled by
blows to the ankles. Some detainees were bound by the hands
and feet or suspended by the elbows behind the back and
beaten. Daily caning of some detainees resulted in festering
sores which bred m.aggots and caused death. A subcounty
chairman from Mbale was severely tortured by soldiers,
suspended by the hands for 2 days and beaten, causing paralysis
and temporary deafness. In a few instances, detainees were
shot or bayoneted in the feet, jabbed with nails and pins, and
burned with cigarettes and molten objects. In response, the
army replaced the general in command of the antirebel operation
in the North and launched an investigation, which was not
completed by the end of the year.
Eighteen prominent northerners, including former Minister of
State for Foreign and Regional Affairs Omara Atubo and NRC
members Zachary Olum and Irene Apio Julu, were beaten and
humiliated after their arrest on treason charges in April. One
suffered a fractured wrist, another internal bleeding, and most
incurred bruises as a result of being "frog marched"—cuffed by
the ankles and beaten as they were forced to shuffle along to
the aircraft that took them to Kampala. The Government
acknowledges that the 18 were tortured before they were brought
to detention in Kampala. Allegations that they have been
tortured since their arrival in Kampala have not been
substantiated.
Beatings are occasionally administered at police stations.
Some 435 Muslim youths arrested in March for rioting were
allegedly tortured by the police. Most police torture,
however, is done in an unofficial capacity. Policemen
sometimes supplement their incomes by torturing or killing
civilians for a fee.
The InternationaJ Committee of the Red Cross (ICRC) visited 23
prisons, 26 police stations, and 31 military barracks and NRA
detachments throughout Uganda in 1991. The Inspector General
of Government (IGG) visited three police stations and found no
evidence of torture. Planned IGG visits to other police
stations, prisons, and barracks were not carried out for lack
of resources. The visits were a genuine effort to ensure
proper treatment of prisoners, but their value was limited by
being arranged with the police in advance.
Conditions of detention are uniformly harsh. Food and sleep
deprivation is common since Luzira Prison, intended for 600
inmates, currently holds 2,000. Unhygienic conditions and
water shortages have caused epidemics of dysentery. Supplies
intended for detainees are often diverted for sale. Prisoners
do not have access to proper medical care, due in part to a
lack of transport and facilities.
d. Arbitrary Arrest, Detention, or Exile
Under Ugandan law, a suspect must be charged within 24 hours of
his arrest and brought to trial within 480 days. Neither
requirement is scrupulously enforced. The Public Order and
Security Act of 1967 (the "detention order") permits unlimited
detention without charge but was not invoked in 1991.
Treason is often used as a holding charge while investigations
are undertaken. Over 150 Ugandans arrested between 1986 and
1991 are awaiting trial on treason charges in 9 major cases.
Many appear to have been arbitrarily arrested. No evidence had
been presented by year's end against the 18 northern
politicians arrested in April, despite repeated assurances by
government officials of concern for the importance of their
case. The only offense committed by some was apparently to
advocate multiparty politics. Defense attorneys attempted
unsuccessfully to have the case dismissed on the grounds that
the charges were so vague as to be "fatally defective." The
High Court dismissed the petition on the grounds that the
defendants would simply be rearrested.
In August, 34 of 43 suspects held since 1988 in another treason
case were released for lack of evidence. The nine remaining
suspects, including prominent businessman Joseph Lusse, were
still being held for trial at the end of 1991. It is alleged
that they conspired to overthrow the Government by force of
arms and set up a training camp for that purpose in Mukono
between July and September 1988. Many other opposition figures
remained in detention on suspicion of treason at year's end.
In March and April, the NRA rounded up thousands of villagers
in the north and herded them into stadiums, military camps, and
open fields for screening. Over 2,000 were held without
shelter in Gulu stadium on March 30. Several hundred were
detained in Kitgiam. About 1,000—who the Government claims are
soldiers—were convicted of desertion and sentenced to 5- to
10-year prison terms in administrative hearings without the
benefit of due process. Most of these were being held at
year's end in barracks and prisons around the country.
Exile is not used as a means of political control. A
presidential amnesty for former rebels is in effect and applies
to opponents in exile. Those who return, however, may be
prosecuted for criminal acts they may have committed. A number
of prominent opposition figures have taken advantage of the
amnesty.
e. Denial of a Fair Public Trial
The right to a fair trial in Uganda is circumscribed by a
serious backlog of cases, a refusal by military authorities to
respect civilian court orders, the use of military field
tribunals in remote areas, and an inadequate system of judicial
administration.
The Ugandan court system consists of magistrate's courts, the
High Court, and the Supreme Court. The 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. Accused persons, if brought to trial,
generally receive a fair public hearing, although the process
of justice is slow. There are no legal aid services for the
general public. The independence of the judiciary is limited
by the President's power to dismiss High Court and Supreme
Court judges. The President appoints the members of a judicial
service commission which must concur in all dismissals.
Resistance Councils (RC) in rural areas have 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 magistrate's courts. When an RC chairman exceeded
his authority by sentencing a woman to death for witchcraft,
and a local mob carried out the sentence, the RC officer was
charged with murder. Suspected thieves and other offenders
caught committing a crime are often subject to mob justice.
They are beaten or even killed without due process. Those
administering this justice are rarely prosecuted.
Military tribunals hear charges against soldiers, and any
soldier accused of a capital offense must be assigned counsel.
Punishment is strict, and several MRA soldiers have been
executed after being convicted by military tribunals. Those
found guilty serve time in civilian prisons. An NRA legal aid
scheme was established in August to defend soldiers in civil
and criminal cases on a limited basis. The NRA code of conduct
provides for field tribunals to dispense justice in remote
areas. An unknown number of soldiers and civilians were
executed by order of field tribunals in the spring.
The military persists in detaining people who have been
acquitted in courts of law. Military authorities commonly
ignore court orders to release detainees.
A 1989 law permitting the establishment of special magistrate's
courts in areas of insurgency has never been implemented.
Nevertheless, like the detention order, it is unlikely to be
revoked. Commissions charged with reforming and updating the
laws have not functioned for years.
The NRA claims that its detainees are military personnel
—
deserters or rebels--not subject to civil law. They were
apparently denied due process, being convicted en masse without
appearing before courts-martial. They have not had access to
family, friends, or lawyers. Many have been tortured. Most of
the persons held without charge in military barracks prior to
1991 have been released, except those charged with capital
offenses .
About half of those imprisoned in Uganda have not yet been
brought to trial. Government statistics show that some
detainees have been on remand for 5 years, and more than 500
have been held without trial for over 480 days. Prosecutors
have reportedly lost some 900 case files. In 1991 preparations
were under way to clear the backlog by releasing those who have
been held longer than the term to which they would likely be
sentenced. However, judges have proven unwilling to release
those charged with capital offenses even after 480 days.
f. Arbitrary Interference with Privacy, Family, Home, or Correspondence
In 1991 roads and communication channels were blocked and
house-to-house searches carried out in the army's
cordon-and-search operations in Gulu, Lira, Kitgura, and Apac
districts. Search warrants, which are required by law, were
not obtained for these operations.
Outside of areas of insurgency, the Government does not
generally intrude in the privacy, family, or home of citizens,
and there is no indication that the Government interfered with
private correspondence in 1991.
g. Use of Excessive Force and Violations of Humanitarian Law in Internal Conflicts
Abuses by both rebel and military forces escalated sharply in
northern Uganda in the spring. The NRA undertook a "final
offensive" against the insurgent United Democratic Christian
Army (UDCA) . UDCA rebels assassinated RC chairmen and others
associated with the NRM Government. They raided villages for
supplies, conducted forced recruitment, and abducted boys and
girls for porters and "wives." The rebels often disfigured
their victims, cutting off ears, fingers, noses, or genitals.
The Secretary of State for Defense, Major General David
Tinyefusa, told the Uganda Human Rights Activists organization
on May 11 that there was "no time to take captives" during the
cordon-and-search operation. Helicopters may have been used to
bomb civilian targets. There were unconfirmed reports of
civilian deaths and injuries caused by bombing missions on July
8, July 28, and July 30. After the offensive in the four
northern districts, the UDCA was reduced to small groups
engaged in banditry to survive. Tinyefusa was replaced by
General Mugisha Muntu at the conclusion of the operation.
Reports of abuses dropped off sharply following the change in
command.
Skirmishes around Gulu town early in March led to the shooting
of civilians and the burning of property. Later that month
security forces shot and killed several civilians when a public
meeting began to disperse before a government speaker had
arrived. The Government admits that 5 were killed; the
opposition Uganda People's Congress (UPC) claims that the
number was over 100. Also in March, villagers and peasants
were forcibly displaced from Loro village in Apac district by
the NRA.
At the end of March, soldiers in northern towns began
systematic house-to-house searches, detaining thousands of
civilians who lacked poll tax receipts or other documentation
showing that they were legitimately employed or residents of
the area. They were often held without shelter or facilities
for days. An unknown number, probably less than 100, were shot
outright.
Some suspected rebels were reportedly forced into pits and
suffocated with smoke from fires lit around the edge.
According to some reports, NRA units herded villagers into huts
and burned them to death. In April, 22 were allegedly
incinerated at Karyoke, 14 others at Angole Awere, and an
unspecified number in other burning incidents in Gulu.
In the eastern Teso region, rebels of the Uganda People's Army
(UPA) engaged in low intensity insurgency throughout 1991. NRA
operations against the UPA did not entail the widespread
excesses seen in the north. However, the Government's Local
Defense Units (LDU) were responsible for numerous abuses.
LDU's are composed mainly of former rebels armed by the NRM to
protect villages from attack. Lacking discipline, they
frequently beat civilians, rape and pillage, and shoot
suspected rebels. The rebels have taken revenge on the same
villagers, particularly relatives of LDU members. The
Government has not disciplined the LDU's for these abuses.
Several thousand Ugandans were displaced in the southwest
during 1991 due to fighting on the Rwanda border. Civilians as
well as NRA troops have been killed as a result of combat
between the Rwandan Patriotic Front and the Rwandan army.
Policemen and soldiers harass and kill civilians in nominally
peaceful areas. In one case a detachment commander and his
deputy were arrested for the murder of an RC chairman who had
reported their mistreatment of civilians. Both soldiers and
policemen are reliably reported to have taken prisoners for
ransom. Corruption and extortion have led to numerous cases of
harassment or violence as well as unlawful detention.
The Government has been slow to investigate reports of
extrajudicial killings, especially in areas of rebel activity.
It pleads a lack of office support and transport to carry out
investigations. However, soldiers have been punished for human
rights violations in the field under terms of the NRA code of
conduct. About 10 executions were reported in the press in the
first half of 1991, the same number that the Government claims
were executed in the 3 years since 1989.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Freedom of speech is restricted by a ban on partisan political
activity. Political parties may not hold press conferences or
organize public rallies. In the 1989 National Resistance
Council elections, candidates were prohibited from mentioning
party affiliation. In 1991 several outspoken politicians were
arrested, beaten, and charged with treason (see Section l.d.).
These arrests undoubtedly tightened self-censorship among
others. Despite these restrictions, open debate occurs in the
NRC, the media, and public forums. Public figures openly
criticize government policies, corruption, and human rights
abuses.
Over a dozen newspapers publish a wide range of viewpoints
covering the political spectrum. Despite the ban on partisan
activity, several parties publish newspapers to promote their
views. The Democratic Party (DP) publication. The Citizen, is
often critical of government policy, as is the pro-DP magazine
Exposure. The NRM owns the New Vision, which has .accurately
reported on corruption in government and human rights abuses by
the NRA. It has also reprinted exaggerated allegations of
human rights abuses in Uganda that have appeared in foreign
publications to discredit the Government's critics.
Although the press enjoys considerable freedom, the NRA
detained some journalists during "Operation North," and others
have been arrested on sedition, defamation, and other charges.
John Baptist Kyeyune, editor of The Citizen, was arrested for
sedition after criticizing a NRA plan to disburse cash to
soldiers in lieu of food rations. He was released on bail, and
his case had not come to trial by the end of the year. Saul
Katabarwa, editor of the weekly Guide, was arrested for
defaming the Minister of Justice in November and later released
on bail. Captain Roland Kakooza, publisher of Economy and
Mulengera and an employee of the NRM secretariat, was also
charged with sedition in October. The Government canceled the
accreditation of British Broadcasting Corporation stringer
Epajjar Ejalu for allegedly filing opinionated stories. Teddy
Seezi Cheye, editor of Uganda Confidential, was issued a
criminal summons for selling a nonregistered publication, but
charges were dropped. Unlike the regimes that preceded it, the
NRM Government has not instituted formal censorship. However,
the legal provisions for doing so are still in force.
Uganda Television and Radio Uganda are controlled by the
Government . They disseminate NRM views but also broadcast
discussions of public policy that reflect a variety of opinion.
b. Freedom of Peaceful Assembly and Association
All associations in Uganda must register with the Government.
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 are usually held 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.
c. Freedom of Religion
There is no state religion in Uganda. Christianity, Islam,
Hinduism, and African traditional religions are freely
practiced. Conversion between religions is not obstructed.
Foreign missionaries and other religious figures are generally
welcome in Uganda. There is no government control of religious
publications, even those with an antigovernment bias.
Religious leaders frequently speak out publicly on topics
relating to their followers' welfare, addressing in particular
human rights, security, and political issues.
In March four policemen were killed by Muslim demonstrators
protesting a decision by the Ugandan Supreme Court concerning
the authority of a rival Muslim leader. There were no reports
of casualties among demonstrators; 435 youths of the Tabliq
sect were arrested and charged with the murders. Four of their
number were separated for their own protection after being
sentenced to death by their colleagues as police informants.
In December murder charges against all but 10 of the youths
were dropped, and 1 was released for lack of evidence. At the
end of the year, 10 were still held at Luzira prison on murder
charges, and 224 continued to be held for rioting and
maliciously damaging property.
The Jehovah's Witnesses experienced problems receiving
residence permits and constructing houses of worship in 1990.
In 1991 the Church was denied the status of a nongovernmental
organization because it does not allow its followers to
participate in civic duties. As a result, the Church cannot
legally host foreign missionaries, and most have been required
to leave. Some adherents of the Church have been questioned
about their allegiance to the state, and some have been warned
by district officials not to hold services.
d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and Repatriation
Freedom of movement was severely curtailed during military
operations in the north. The four affected districts were
cordoned off for 3 months. Roadblocks—notably one at Karuma
bridge on the main route to the north—prevented many civilians
from entering or leaving the region. Routine commerce was
restored to much of the north during the summer. Travel in the
east, and particularly Karamoja in the northeast, remains
difficult due to sporadic attacks by armed bandits.
Ugandans are free to emigrate and to travel abroad.
Uganda accommodates refugees from Sudan, Rwanda, Kenya, Zaire,
and other countries. There were 149,000 registered and an
estimated 150,000 unregistered refugees in Uganda in 1991.
Most of the latter are Rwandans who have lived in Uganda since
the early 1960's. A further influx of 9,000 resulted from the
invasion of Rwanda from Ugandan territory by the Rwandan
Patriotic Front in October 1990. The number of Sudanese
refugees in Uganda increased from about 59,000 at the beginning
of the year to 67,000 at the end of 1991. Most of the new
Sudanese refugees were young men fleeing forced conscription by
the Sudanese People's Liberation Army. There were no instances
of expulsion or forced repatriation of refugees in 1991.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Ugandan citizens cannot change their government by democratic
means. Representatives are popularly elected to local RC '
s
which in turn elect representatives to higher RC's up to the
National Resistance Council. Special district and women's
representatives, cabinet ministers, presidential appointees,
and "historical members" also serve on the NRC President
Museveni serves as chief executive. Minister of Defense, and
Chairman of the National Executive Council. He was not elected
and has never faced a vote of confidence. District
administrators, who can overrule RC's, are also directly
appointed. There are no meaningful checks and balances on
presidential power. Since independence in 1962 Uganda has
never had an orderly change of government, and the NRM has
failed to provide that opportunity for 6 years.
A 21-member constitutional commission appointed in December
1988 conducted seminars throughout the country and solicited
proposals on Uganda's future form of government. The
consultative process was completed in 1991, and a draft
constitution is expected to be completed by June 1992. The
process of ratification has not yet been determined. The
Government proposed that the draft constitution be submitted to
the NRC and the NRA Council for ratification, while others have
called for a constituent assembly to be elected for the
purpose. President Museveni has pledged that the future
constitution will be based on the preferences of the public
rather than on a NRM blueprint.
Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights
Although the NRM created several bodies to address human rights
abuses in Uganda, no official findings have ever been issued.
The Uganda Human Rights Commission was created to investigate
abuses perpetrated before 1986, but its work has been hampered
by lack of resources. The Office of the Inspector General of
Government (IGG) was originally charged with investigating,
inter alia, human rights abuses, but in October President
Museveni directed it to focus solely on corruption. In August
the President named an official ad hoc committee to investigate
the status of persons held on remand and in military barracks,
but the committee had not visited any places of detention by
the end of the year.
There are two local, nongovernmental organizations that deal
with human rights: the Uganda Human Rights Activists and the
Uganda Law Society. Two human rights conferences were held
during the year. Both conferences included open criticism of
the Government's human rights record and of the lack of a
permanent official body charged with investigating abuses.
Representatives of Amnesty International met officials of the
Uganda Law Society, the Ministry of Justice, the Uganda Human
Rights Activists, and the Commission of Prisons in August.
However, the Government did not permit them to visit prisons
except in the presence of prison officers. The New York Bar
Association and other human rights groups also carried out
inquiries in Uganda in 1991. The Bar Association issued its
report in July which was highly critical of human rights
conditions in the country. Nevertheless, release of the report
was covered in the local media.
In April the Human Rights Unit in the Commonwealth Secretariat
held a workshop for Ugandan, Kenyan, Tanzanian, and Zimbabwean
officials in Mukono.
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 divisions have been aggravated by
civil conflict. The Acholi and Langi of northern Uganda feel
oppressed by the Bantus of the south. They point to the NRA's
harsh tactics in the north, low investment in the region, and
Bantu overrepresentation in the Cabinet, ministries, and the
military command as evidence of discrimination. The
Banyankole, Baganda, and other Southern tribes, in turn, fear
and distrust the northerners who have traditionally dominated
the military. Many Ugandans disdain the Karamojong as violent
and underdeveloped, an attitude encouraged by the group's
penchant for raiding cattle. The NRM's broad-based cabinets
were intended to knit these groups together, but ethnic
discrimination persists.
The Government has made a determined effort to redress
discrimination based on sex. Women hold positions of
responsibility at all levels of government. In the NRC, 38
women hold positions, and 4 are cabinet ministers. A Ministry
of Women's Affairs was established in 1988. Women have been
appointed judges, and women representatives to the NRC were
elected from each district in 1989. Women are represented on
the Uganda Human Rights Commission, the Education Policy Review
Commission, and the Uganda Constitutional Commission. At the
end of 1991, labor laws relating to women were reviewed by the
National Organization of Trade Unions, the Federation of Uganda
Employers, and government ministries.
Discrimination against women, especially in rural areas,
continues as a result of traditional and family laws.
Customary laws which discriminate against women are still
recognized in the areas of adoption, marriage, divorce, burial,
devolution of property on death, or other matters of personal
law in which customary law is recognized. Women may not own or
inherit property or have custody of their children under
customary law. Adultery by men is treated more leniently than
adultery by women. Women jeopardize their Ugandan citizenship
by marrying a foreigner, whereas foreign women who marry
Ugandans automatically receive Ugandan citizenship. The
Ugandan Women's Lawyers Association estimates that 50 percent
of marriages in Uganda are polygamous. Women do most of the
agricultural work. The International Federation of Women
Lawyers established a legal aid clinic in Uganda in 1988 to
deal with disputes rising out of these inequities.
President Museveni and other Government officials have spoken
out against violence against women, and in 1990 the NRC passed
a law which allows the death penalty for rape. Wife beating
remains a pervasive problem, however, and, fearing divorce or
embarrassment, women seldom report such abuse to the
authorities. Some women continue to view wife beating as a
customary practice and are not aware that it is against the
law. The Ugandan Women's Association distributes a leaflet
entitled "Wife Beating is Against the Law" to inform women of
their rights. In 1991 the Federation of Uganda Women Lawyers
Association published a research report "Violence Against Women
in Uganda" which found that such violence is endemic in Kampdla
district. Most Ugandan ethnic groups do not engage in female
circumcision, and the Government actively discourages the
practice where it does occur, mainly among tribes in Eastern
Uganda.
Section 6 Worker Rights
a. The Right of Association
Ugandan law recognizes the right of workers to form unions, but
in practice that right only applies to private sector workers.
In November 1990, the Deputy Minister of Labor announced that
the law would be amended to allow civil servants to unionize.
The National Organization of Trade Unions (NOTU) is a national
labor federation which all unions in Uganda are required to
join. NOTU has long demanded that teachers, nurses, lecturers,
professors, and other public workers should be permitted to
form unions.
NOTU's influence on the overall economy remains marginal, since
about 90 percent of the Ugandan work force consists of peasant
farmers. Even among industrial workers, high inflation and
lack of transportation have made it difficult for individual
unions to organize, especially outside the major commercial
centers of Kampala and Jinja.
The right to strike is also recognized by law, but the
Government expects all efforts at reconciling labor disputes to
be exhausted before workers resort to strikes. They must first
submit their grievances and notice to strike to the Minister of
Labor. Under the Trades Disputes Arbitration and Settlement
Act, the Industrial Court hears trade disputes referred to it
either by the Minister of Labor or the parties to the dispute.
NOTU has proposed that the right to strike be recognized in the
future constitution.
Three successful strikes occurred in 1991. In May six
Tanzanian instructors at Soroti flying school went on strike
after going unpaid for 8 months. In July TUMPECO workers also
struck over unpaid salaries. In September employees of the
Kakira sugar works won a 70-percent wage increase after
shutting down the factory and blockading the premises.
A tripartite committee composed of NOTU, the Federation of
Uganda Employers (FUE), and relevant government ministries was
instituted in mid-1991 to recommend amendments to outdated
labor laws, many of which were enacted 30 years ago. On May 1,
the committee announced the reintroduction of an industrial
training council and submitted a new employment act to the
Attorney General. The Ministry of Public Service announced an
implementation and monitoring board to handle the reduction of
workers and justify layoffs in the civil service. NOTU freely
exercises the right to affiliate with and participate in
regional and international labor organizations.
b. The Right to Organize and Bargain Collectively
The right to organize and bargain collectively is recognized by
law and established in practice. Unionization and collective
bargaining are common in the industrial wage sector but are
much less significant in the agricultural sector. Although the
National Union of Plantation and Agricultural Workers exists,
the vast majority of small cultivators organize themselves on
the basis of cooperatives for the purpose of selling their
crops. Union officials are not harassed, and unions have
access to the Industrial Court.
There are no export processing zones in Uganda.
c. Prohibition of Forced or Compulsory Labor
Compulsory labor is prohibited by law. No inspections or
sanctions are in place to enforce the law, but there is little
evidence of forced labor in Uganda.
Under the NRA code of conduct, soldiers tried by military
tribunals may be sentenced to forced labor as part of their
punishment. At present applications for discharge are made on
an individual basis; in practice, soldiers who want to leave
simply desert. The National Resistance Army Bill of 1991
introduced a 9-year term of service for enlisted men.
d. Minimum Age for Employment of Children
Employers are prohibited from recruiting workers below the age
of 12. The minimum age is widely expected to be raised by the
proposed Employment Act. Many children are nevertheless
employed out of economic necessity. Enforcement of mimimum age
restrictions by the Ministry of Labor is limited.
e. Acceptable Conditions o£ Work
No explicit minimum wage policy exists in Uganda. Wages are
set by negotiation between unions and employers or by the
boards of directors of state-owned industries. This results in
glaring wage discrepancies between the civil service and the
private sector. A government worker does not earn enough to
provide a decent living for a family. Thus, many find second
jobs, grow their own food, or engage in pilferage or corruption
in order to feed their families and pay school fees. Although
there is no legal maximum workweek, the normal workweek is 48
hours, and time and a half must be paid for each additional
hour worked.
The only occupational health and safety legislation in place is
contained in the outdated Factories Act of 1954, which
concentrates on engineering aspects of work and does not
address many present day working hazards. It is enforced by
the Ministry of Labor's Department of Occupational Health but,
in practice, little inspection takes place due to lack of
resources.
