Research Directorate, Immigration and Refugee Board of Canada, Ottawa

1. Overview of February 2016 Elections

Sources report that the Forum for Democratic Change (FDC) is an opposition party in Uganda (BBC 13 May 2016; EU Apr. 2016, 1-4; The New York Times 19 Feb. 2016) and is led by Kizza Besigye, who is described as the main opposition candidate to President Museveni (ibid.; BBC 13 May 2016; Human Rights Watch 10 May 2016). On 18 February 2016, Uganda held presidential and parliamentary elections (AI 26 Feb. 2016; EU Apr. 2016, 6). Sources report that the FDC's Kizza Besigye was a contender in the election against President Museveni (Human Rights Watch 10 Mar. 2016; BBC 13 May 2016; EU Apr. 2016, 1-2), whose victory extended the 30-year rule by Museveni and the National Resistance Movement (NRM) (ibid.). According to sources, Museveni was declared the winner of the elections (Daily Monitor 1 Mar. 2016; EU Apr. 2016, 4; Human Rights Watch 10 Mar. 2016) and the electoral commission indicated that Kizza Besigye won 35 percent of the vote (Human Rights Watch 10 Mar. 2016; Daily Monitor 1 Mar. 2016).

2. Treatment of Members of the FDC Prior to and During the General Elections of 18 February 2016

Freedom House reports that in the days leading up to the elections, clashes occurred between police and FDC supporters (Freedom House 16 Feb. 2016). The European Union (EU) Election Observation Mission report on the Ugandan elections of February 2016 indicated that "intimidation and harassment of opposition by law enforcement bodies, including arrests of opposition supporters and voters, were reported from more than 20 districts" (EU Apr. 2016, 2). The same source states that opposition members, supporters, and in some cases, voters, were reported to have been intimidated by security and intelligence agencies in Amuru, Bujenje, Buliisa, Gulu, Isingiro, Kamwenge, Kapchorwa, Kasese, Kiboga, Kiruhura, Kisoro, Lira, Luweero, Masindi, Mbarara, Moroto, Mukono, Nakapiripirit, Nwoya, Sembabule and Wakiso (EU Apr. 2016, 16). BBC states that foreign observers indicated that the polls were "marred by fear and intimidation" and that FDC leader Kizza Besigye was arrested a series of times during the presidential election campaign (13 May 2016).

Reuters reports that Kizza Besigye stated that on 15 February 2016, Ugandan police and security authorities "unleashed violence" on FDC supporters (Reuters 16 Feb. 2016). Sources report that on 15 February 2016, Kizza Besigye was arrested briefly at an FDC campaign rally in Kampala (ibid.; EU Apr. 2016, 16). Sources report that police stormed the rally with teargas (Reuters 16 Feb. 2016; EU Apr. 2016, 16) and live ammunition (ibid.). The same sources state that one person was killed (ibid.; Reuters 16 Feb. 2016) and 19 people were injured during the police action (ibid.). However, the Africa Report, an international publication focused on African affairs (The Africa Report n.d.), reports that the FDC supporter killed by police was shot in the neck with a rubber bullet (ibid. 25 Feb. 2016).

Daily Monitor, a daily Ugandan newspaper (Daily Monitor n.d.), reports that the FDC spokesperson stated that more than 200 FDC supporters were arrested on 16 February 2016 (ibid. 1 Mar. 2016). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

Sources report that during the election, the government shut down social media outlets (The Africa Report 25 Feb. 2016; AI 26 Feb. 2016; Human Rights Watch 10 May 2016), including Facebook, Twitter and WhatsApp (The Africa Report 25 Feb. 2016). According to The Africa Report, these social media outlets are "tools through which opposition activists could coordinate their activities" (ibid.).

3. Treatment of Members of the FDC Subsequent to the General Elections of 18 February 2016

Sources report that the FDC rejected the election results that declared Museveni the winner (Reuters 9 Sept. 2016; BBC 21 Feb. 2016). Reuters reports that in several protests to denounce the election outcome, FDC supporters clashed with police who dispersed them with "teargas, beatings and arrests" (Reuters 9 Sept. 2016). Human Rights Watch reports that after the elections, between February and May 2016, the "police raided and sealed off the FDC headquarters, arrested party officials and beat their supporters on several occasions" (Human Rights Watch 1 Nov. 2016). Similarly, Amnesty International (AI) reports that following the elections, police raided FDC headquarters on 19 and 22 February 2016, and harassed and arrested FDC leaders (26 Feb. 2016). The spokesperson for the UN High Commissioner for Human Rights (OHCHR) published a statement on 23 February 2016 expressing concern about the use of an "intimidating display of force" by Ugandan police and military forces on 19 February 2016 when they evacuated the FDC headquarters in Kampala "with tear gas and [live] ammunition" (UN 23 Feb. 2016).

On 1 March 2016, Daily Monitor reports that the FDC spokesman made a public statement that more than 300 party supporters were "being held in unknown facilities" around Uganda (Daily Monitor 1 Mar. 2016). Of those referred to in the article were the 200 FDC supporters who were arrested on 16 February 2016, 20 party officials arrested when police raided FDC offices in Mbarara in late February, "FDC agents" from Kakiri Town Council arrested at Besigye's home in late February, and 15 "FDC agents" picked up by police in the Kira municipality (ibid.). However, the same article quotes the police spokesperson as stating that the police "'have 132 cases involving electoral offences around the country'," and those are including the FDC, NRM and other political parties (ibid.). Further and corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

Sources report that there was a 10-day filing period after the 18 February 2016 elections, during which those disputing the outcome could file a petition against the election results (Human Rights Watch 10 Mar. 2016; USIP 25 Feb. 2016). AI reports that the government of Uganda "stifl[ed] the [FDC] party's ability to legally challenge results" of the general elections by restricting the FDC's "freedoms of expression, association, peaceful assembly and movement" (AI 26 Feb. 2016). According to sources, following the election, Kizza Besigye was prevented from filing a petition to challenge the election results, because police had barricaded him in his home since February 19 (ibid.; Human Rights Watch 10 Mar. 2016; USIP 25 Feb. 2016), which AI describes as "arbitrary detention," while the Ugandan police stated that the action was "'preventive arrest'" (AI 26 Feb. 2016). Sources indicate that in February 2016, following the elections, attempts to leave his home resulted in Kizza Besigye's arrest without charge (USIP 25 Feb. 2016; Human Rights Watch 1 Nov. 2016; AI 26 Feb. 2016). Human Rights Watch reports that following the 19 February declaration that Museveni had won the presidency, Kizza Besigye was "arrested daily" for more than 40 days, without evidence (Human Rights Watch 1 Nov. 2016)

Sources report that at the end of April 2016, the Deputy Chief Justice issued an order against the FDC and Kizza Besigye banning the FDC from engaging in demonstrations, processions, other public meetings, media campaigns, or pronouncements in relation to their "defiance" campaign activities (Daily Monitor 6 May 2016; Human Rights Watch 10 May 2016), for up to four weeks (ibid.). Human Rights Watch notes that the FDC was not permitted to present evidence or attend the hearing which led to the 29 April 2016 interim injunction against their activities (ibid.).

4. Treatment of Members of the FDC Related to the Inauguration of President Museveni in May 2016

Sources state that the inauguration of President Museveni occurred on 12 May 2016 (BBC 13 May 2016; CPJ 12 May 2016).

Human Rights Watch reports that "at least four senior FDC leaders" were prevented from leaving their homes in the first week of May 2016 (10 May 2016).

Sources report that there were opposition protests ahead of Museveni's inauguration (Reuters 5 May 2016; Daily Monitor 6 May 2016). Reuters states that, during protests on 5 May 2016 ahead of Museveni's inauguration, "Ugandan police arrested at least 18 protesters" and that the protests were called for by the FDC (Reuters 5 May 2016). The same source indicates that the opposition to President Museveni accused police of using live rounds against them, and that "close to 100 people" were detained (ibid.). Reuters quoted the FDC as stating that "'the response from the state was very brutal'," while a police spokesman stated in the article that officers used "'minimum force'" against protesters (ibid.). Daily Monitor reports that more than 88 FDC and other opposition supporters were arrested on 5 May 2016 in different areas of the country, with the majority of the arrests being from Kampala, Mbarara, Fort Portal and Mbale towns and at least 30 protesters from the Kampala metropolitan area (Daily Monitor 6 May 2016). The same source stated that the protesters were part of the "Free-my-vote" campaign by opposition leaders, while police stated that those arrested had disobeyed a court order banning "defiance-related campaigns" (ibid.).

Sources report that on 5 May 2016, the Information Minister stated that media agencies reporting on the opposition protests risked being shut down (CPJ 12 May 2016) or having their licenses revoked for providing live coverage of the "defiance campaign" activities (Human Rights Watch 10 May 2016).

Sources indicate that in May 2016, Kizza Besigye video-recorded a staged parallel inauguration ceremony of himself being sworn-in as President and the video was shared through social media before the official inauguration of Museveni (RFI 4 Oct. 2016; Reuters 12 July 2016; International Crisis Group 8 Aug. 2016). Sources report that he was then arrested for holding the "mock swearing-in" ceremony (Al Jazeera 10 June 2016; RFI 4 Oct. 2016). Kizza Besigye was then charged with treason in May 2016 (ibid; Human Rights Watch 1 Nov. 2016; International Crisis Group 8 Aug. 2016; Reuters 12 July 2016), and detained for two months before being released on bail in July 2016 (ibid.).

5. Other Incidents of Treatment of FDC Supporters and Members

The BBC reports in May 2016 that a young man was arrested, allegedly for wearing a t-shirt with the face of Kizza Besigye (BBC 30 May 2016). According to the BBC, the police also arrested two individuals who had printed t-shirts with Kizza Besigye's face, explaining that the "three suspects were arrested because they planned to hold illegal demonstrations" (ibid.).

Sources report that in June 2016, at least 30 people, including military staff and an FDC Member of Parliament, were detained on suspicion of planning to overthrow the Museveni government (Al Jazeera 10 June 2016; AFP 10 June 2016). Sources report that the police spokesman claimed that the detainees were "'linked to a rebel group'" (Al Jazeera 10 June 2016; AFP 10 June 2016). Agence France-Presse (AFP) notes that Besigye had previously been accused in 2015 by prosecutors of leading a rebel group called the "People's Redemption Army," a charge he has "always denied" (ibid.).

Sources report that on 29 June 2016, FDC leader Ingrid Turinawe and her driver were arrested following their attendance at court in the treason case against Kizza Besigye (Article 19 10 Aug. 2016; Daily Monitor 29 June 2016). Ingrid Turinawe is described by sources as the Secretary for Mobilization of FDC (Article 19 10 Aug. 2016) or the "Chief Mobilizer" of the party (Daily Monitor 29 June 2016).

Sources state that in July 2016 the police beat Kizza Besigye's supporters as they waited for the FDC leader to drive through the streets of Kampala toward the FDC headquarters after the High Court granted him bail in July 2016 (Daily Monitor 14 July 2016; Human Rights Watch 1 Nov. 2016).

Africanews, a pan-African news media website (Africanews n.d.), reports that the FDC was denied a request to hold rallies commemorating Uganda's 9 October Independence Day which police called "parallel ceremonies," and stated that such activities would "undermine the security and success of the independence celebrations" (Africanews 7 Oct. 2016). Africanews also indicates that on 7 October 2016, police officers were deployed to barricade the homes of FDC leaders, including Kizza Besigye, "to prevent them from holding their first planned independence rally" (ibid.). Sources report that Besigye was arrested (NTV-Uganda 10 Oct. 2016; Daily Monitor 9 Oct. 2016) while trying to leave his home to attend a parallel Independence Day celebration in Kampala (ibid.). NTV-Uganda, a Ugandan television station (NTV-Uganda n.d.), similarly reports that Kizza Besigye was arrested on 9 October 2016 along with three other politicians, "on suspicion of disrupting public order" (ibid. 10 Oct. 2016). The same source indicates that a police spokesman in Kampala stated that the police force had taken the decision to "curb the defiance campaign," which was started by Besigye in 2015 (NTV-Uganda 10 Oct. 2016).

Sources report that Kizza Besigye left Uganda on 17 October 2016, which he stated was to take a "break" from harassment by state authorities, and that he returned to Uganda on 29 October 2016 (Africanews 29 Oct. 2016; Daily Monitor 29 Oct. 2016) following a trip to the UK and US, which he stated was in order to draw attention to the human rights situation in Uganda (ibid.).

Africanews reports on 31 October 2016 that more than a dozen police officers barricaded the entrance to Kizza Besigye's house and that Kizza Besigye was under 24-hour surveillance by Ugandan police (Africanews 31 Oct. 2016).

Africanews reports on 31 October 2016 that a "female pressure group" of the FDC named "Women-In-Command," led by Nyanjura Doreen, attempted to take over security of Besigye's house from police but clashed with police authorities after "they barricaded the road leading to Kizza Besigye's house" (ibid.). The same source states that the police removed the group's barricades with force and arrested Nyanjura Doreen (ibid.).

Without providing further details, Africanews reports that Kizza Besigye was arrested without charge on 31 October 2016, "dragged into a police van together with other supporters," and that he was transferred from Naggalama police cells to the Kasangati Prison (ibid. 1 Nov. 2016). Further and corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

Human Rights Watch reports on 1 November 2016 that Kizza Besigye has been permitted to travel internationally (Human Rights Watch 1 Nov. 2016). However, the Daily Monitor reported on 8 November 2016 that Kizza Besigye stated that he was prevented from travelling to South Africa to speak at a conference and that police removed the barricades in front of his home after he cancelled his flight (Daily Monitor 8 Nov. 2016).

Sources report that between 14 and 15 journalists who have tried to report on Besigye and the opposition were detained during the time following the 2016 elections (Human Rights Watch 1 Nov. 2016; RSF 1 March 2016) and some were also beaten by police before being released (ibid.). Human Rights Watch specifies that at least 15 journalists have been arrested and detained for short periods during February and March 2016 (1 Nov. 2016).

Without providing details about which incidents were involved, in its October 2016 national report for its Universal Periodic Review before the UN in November 2016, Uganda asserts that police officers involved in "beating up supporters of Dr. Kizza Besigye" are before a disciplinary committee (Uganda 3 Oct. 2016, para.109).

For background information on the FDC, such as past treatment and leadership, see Responses to Information Requests UGA102199 or February 2007 and UGA103506 of June 2010.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.

References

Africanews. 1 November 2016. Ismail Akwei. "Popular Shirt of Ugandan Opposition Leader Besigye Ripped During Arrest." [Accessed 4 Nov. 2016]

Africanews. 31 October 2016. Ismail Akwei. "Ugandan Women Lose Fight with Police to Guard Opposition Leader." [Accessed 4 Nov. 2016]

Africanews. 29 October 2016. Abdur Rahman Alfa Shaban. "Uganda: Besigye Returns, Supporters Take Charge of Security at His Home." [Accessed 4 Nov. 2016]

Africanews. 7 October 2016. Ismail Akwei. "Ugandan Police Blocks Opposition from Holding Independence Rallies." [Accessed 3 Nov. 2016]

Africanews. N.d. "A Vision for Africanews." [Accessed 4 Nov. 2016]

The Africa Report. 25 February 2016. Magnus Taylor. "Uganda: An Opposition Is Born." [Accessed 1 Nov. 2016]

The Africa Report. N.d. "Who We Are." [Accessed 9 Nov. 2016]

Agence France-Presse (AFP). 10 June 2016. "Thirty Held in Uganda Over 'Coup Plot'." [Accessed 19 Nov. 2016]

Al Jazeera. 10 June 2016. "Uganda: 30 Held Over 'Coup Plot' Against Museveni." [Accessed 1 Nov. 2016]

Amnesty International (AI). 26 February 2016. "Uganda: Raids, Arrests Stifling Political Opposition Leader's Ability to Legally Challenge Election Results." (AFR 59/3537/2016) [Accessed 1 Nov. 2016]

Article 19. 10 August 2016. "Newsletter: Freedom of Expression in Eastern Africa." [Accessed 4 Nov. 2016]

British Broadcasting Corporation (BBC). 30 May 2016. Catherine Byaruhanga. "Africa Highlights: Ugandans Arrested 'Over Besigye T-Shirt,' Oromo Protesters 'Leak Ethiopia Exams'." [Accessed 4 Nov. 2016]

British Broadcasting Corporation (BBC). 13 May 2016. "Uganda: Museveni Rival Kizza Besigye Charged with Treason." [Accessed 4 Nov. 2016]

British Broadcasting Corporation (BBC). 21 February 2016. "Uganda Challenger Besigye Claims Poll Fraud Over Museveni Win." [Accessed 4 Nov. 2016]

Committee to Protect Journalists (CPJ). 12 May 2016. "Uganda Blocks Social Media Sites for Presidential Inauguration." [Accessed 4 Nov. 2016]

Daily Monitor. 8 November 2016. Leilah Nalubega. "Besigye Blocked from Travelling to South Africa." [Accessed 8 Nov. 2016]

Daily Monitor. 29 October 2016. Damali Mukhaye. "Besigye Returns, Supporters Take Charge of His Home Security." [Accessed 20 Nov. 2016]

Daily Monitor. 9 October 2016. "Besigye, Lukwago Arrested as Police Foil Opposition Independence Fete." [Accessed 20 Nov. 2016]

Daily Monitor. 14 July 2016. Stephen Kafeero. "Policemen Brutalise Besigye Supporters." [Accessed 19 Nov. 2016]

Daily Monitor. 29 June 2016. Stephen Kafeero. "Police Arrest FDC's Ingrid Turinawe And Others." [Accessed 9 Nov. 2016]

Daily Monitor. 6 May 2016. "88 FDC Supporters Arrested." [Accessed 9 Nov. 2016]

Daily Monitor. 1 March 2016. Solomon Arinaitwe. "Police Holding 300 FDC Supporters, Polling Agents." [Accessed 9 Nov. 2016]

Daily Monitor. N.d. "About Us." [Accessed 9 Nov. 2016]

European Union (EU). April 2016. Election Observation Mission. Final Report - Uganda Presidential, Parliamentary and Local Council Elections - 18 February 2016. [Accessed 9 Nov. 2016]

Freedom House. 16 February 2016. "Uganda: Police Detain, then Release Opposition Leader." [Accessed 2 Nov. 2016]

Human Rights Watch. 1 November 2016. "Uganda: UPR Submission." [Accessed 1 Nov. 2016]

Human Rights Watch. 10 May 2016. Maria Burnett. "Dispatches: Ominous Shadows Over Museveni's Inauguration." [Accessed 4 Nov. 2016]

Human Rights Watch. 10 March 2016. Maria Burnett. "Dispatches: Uganda's New Normal?" [Accessed 4 Nov. 2016]

International Crisis Group. 8 August 2016. Magnus Taylor. "Museveni's Post-election Politics: Keeping a Lid on Uganda's Opposition." [Accessed 1 Nov. 2016]

The New York Times. 19 February 2016. Josh Kron. "Main Opposition Candidate Is Arrested Again." [Accessed 8 Nov. 2016]

NTV-Uganda. 9 October 2016. "Police To Continue Deploying Outside Besigye's Home Until He Denounces Defiance Campaign." [Accessed 4 Nov. 2016]

NTV-Uganda. N.d. "Who We Are." [Accessed 9 Nov. 2016]

Radio France internationale (RFI). 4 October 2016. Michael Fitzpatrick. "African Press Review 4 October 2016." [Accessed 8 Nov. 2016]

Reporters Without Borders (RSF). 1 March 2016. "Post-Election Wave of Arbitrary Arrests of Journalists." [Accessed 4 Nov. 2016]

Reuters. 9 September 2016. Georgina Prodham and Laura Gardner Cuesta. "Uganda's Main Opposition Wants His Day in Court." [Accessed 9 September 2016]

Reuters. 12 July 2016. Elias Biryabarema."Uganda's Opposition Leader Freed on Bail After Treason Charge." [Accessed 12 July 2016]

Reuters. 5 May 2016. Mark Muhumuza. "Protesters Arrested in Uganda Ahead of Museveni's Swearing-in." [Accessed 4 Nov. 2016]

Reuters. 16 February 2016. Edith Honan and Elias Biryabarema. "Ugandan Opposition Leader Says Vote Will Not Be Free or Fair." [Accessed 8 Nov. 2016]

Uganda. 3 October 2016. National Report Submitted in Accordance with Paragraph 5 of the Annex to Human Rights Council Resolution 16/21. (A/HRC/WG.6/26/UGA/1) [Accessed 2 Nov. 2016]

United Nations (UN). 23 February 2016. Office of the United Nations High Commissioner for Human Rights (OHCHR). "Press Briefing Notes on Uganda." [Accessed 2 Nov. 2016]

United States Institute of Peace (USIP). 25 February 2016. "Q&A: Uganda's Troubled Election. On the Issues with Elizabeth Murray." [Accessed 4 Nov. 2016]

Additional Sources Consulted

Internet sites, including: Armed Conflict Location and Event Data Project; ecoi.net; Factiva; Fédération internationale des ligues des droits de l'homme; Institute for War and Peace Reporting; IRIN; Minority Rights Group International; Radio Free Europe; ReliefWeb; Transparency International; UN – Development Program, High Commissioner for Refugees, Office of the High Commissioner for Human Rights, UN Women, Refworld; US – Department of State.