34th session
Committee against Torture
CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES UNDER ARTICLE 19 OF THE
CONVENTION
Conclusions and recommendations of the Committee against Torture
Uganda
1. The Committee considered the initial report of Uganda (CAT/C/5/Add.32) at
its 651st and 654th meetings, held on 11 and 12 May 2005 (CAT/C/SR.651 and CAT/C/SR.654),
and adopted, at its 661st meeting, the following conclusions and recommendations.
A. Introduction
2. The Committee welcomes the submission of the initial report of Uganda which
is in accordance with the Committee’s guidelines but regrets the delay of sixteen
years in the submission of the report. It commends the frankness of the report,
which admits shortcomings in the implementation of the Convention in the State
party. The Committee appreciates the constructive dialogue established with
a high-level representative delegation and welcomes the candid and comprehensive
responses to the questions raised during the dialogue.
B. Positive Aspects
3. The Committee notes with satisfaction the following positive developments:
(a) the establishment in 1996 of the Uganda Human Rights Commission under articles
51 to 59 of the Constitution and in accordance with the Paris Principles, which
is endowed with powers to address human rights violations, and the human rights
desks in the army, police stations and prisons;
(b) the abolition of corporal punishment following Criminal Appeal No. 16 of
1999 (Supreme Court) Kyamanywa vs. Uganda;
(c) the permission granted to many non-governmental organizations to operate
freely in the country;
(d) the generous approach taken by the Ugandan government in hosting more than
200,000 refugees and in paying full respect to the principle of non-refoulement;
(e) the ratification of most major international human rights conventions;
(f) the ratification by the State party, on 14 June 2002, of the Rome Statute
of the International Criminal Court;
(g) the current discussions in the State party with regard to the ratification
of the Optional Protocol to the Convention.
C. Factors and difficulties impeding the implementation of the Convention
4. The Committee acknowledges the difficult situation of internal armed conflict
in Northern Uganda. However, it points out that there are no exceptional circumstances,
whatsoever, which may be invoked as a justification of torture.
D. Subjects of concern
5. The Committee notes with concern that the State party has neither incorporated
the Convention into its legislation nor introduced corresponding provisions
to implement several articles, in particular the following:
(a) the lack of a comprehensive definition of torture in the domestic law as
set out in article 1 of the Convention;
(b) the lack of an absolute prohibition of torture in accordance with article
2 of the Convention;
(c) the absence of universal jurisdiction for acts of torture in Ugandan law;
(d) the lack of compliance with other articles in the Convention, including
articles 6 to 9.
6. The Committee is further concerned about:
(a) the length of pre-trial detention, including detention beyond 48 hours as
stipulated by article 23, clause 4 of the Constitution and the possibility of
detaining treason and terrorism suspects for 360 days without bail;
(b) the reported limited effectiveness and accessibility of habeas corpus;
(c) the continued allegations of torture and ill-treatment committed in a widespread
manner by the State’s security forces and agencies together with the apparent
impunity enjoyed by its perpetrators;
(d) the wide array of security forces and agencies in Uganda with the power
to arrest, detain and investigate;
(e) the lack of proportion between the high number of reports of torture and
ill-treatment and the very small number of convictions for such offences, as
well as the
unjustifiable delays in the investigation of cases of torture, all of which
contributes to the prevailing impunity in this area;
(f) the pervasive problem of sexual violence, including in places of detention
and in camps for internally displaced persons;
(g) alleged reprisals, intimidation and threats received by persons reporting
acts of torture and ill-treatment;
(h) the magnitude of the problem of abduction of children by the Lord’s Resistance
Army, in particular in Northern Uganda;
(i) reports of customary torture in the area of Karamuja.
7. The Committee takes note of the explanation provided by the delegation about
the outlawing of “ungazetted” or unauthorized places of detention or “safe houses”
where persons have been subjected to torture by military personnel. Nevertheless
it remains concerned about the widespread practice of torture and ill-treatment
of persons detained by the military as well as by other law enforcement officials.
8. While acknowledging the important role of the Uganda Human Rights Commission
in the promotion and protection of human rights in Uganda, the Committee is
concerned about the frequent lack of implementation by the State party of the
Commission’s decisions concerning both awards of compensation to victims of
torture and the prosecution of human rights offenders in the limited cases in
which the Commission had recommended such prosecution.
9. Furthermore, the Committee regrets that the State party has not taken sufficient
steps to ensure the protection of persons affected by the armed conflict in
Northern Uganda, in particular internally displaced persons currently confined
in camps.
E. Recommendations
10. The Committee recommends that the State party should take all necessary
legislative, administrative and judicial measures to prevent acts of torture
and ill-treatment in its territory, and in particular that it should:
(a) adopt a definition of torture which covers all the elements contained in
article 1 of the Convention, and amend domestic penal law accordingly;
(b) adopt domestic legislation to implement the principle of non-refoulement
in article 3 of the Convention;
(c) ensure that acts of torture become subject of universal jurisdiction in
Ugandan law in accordance with article 5 of the Convention;
(d) ensure compliance with several articles of the Convention, including articles
6 to 9, for example by setting up a Law Commission;
(e) reduce the length of pre-trial detention;
(f) enhance the effectiveness and accessibility of habeas corpus;
(g) take vigorous steps to eliminate the impunity of the alleged perpetrators
of acts of torture and ill-treatment, carry out prompt, impartial and exhaustive
investigations, try and, where appropriate, convict the perpetrators of torture
and ill-treatment, impose appropriate sentences on them and properly compensate
the victims;
(h) minimize the number of security forces and agencies with the power to arrest,
detain and investigate and ensure that the police remains the primary law enforcement
agency;
(i) abolish the use of “ungazetted” or unauthorized places of detention or “safe
houses”, and immediately provide information about all places of detention;
(j) allow independent human rights monitors, including the Uganda Human Rights
Commission, full access to all places of detention, official and non-official,
without
notice;
(k) strengthen the Uganda Human Rights Commission and ensure that its decisions
are fully implemented, in particular concerning awards of compensation to victims
of torture and prosecution of perpetrators;
(l) take effective steps to ensure that all persons reporting acts of torture
or ill-treatment are protected from intimidation and from any unfavourable consequence
of their action in making such a report;
(m) establish and promote effective machinery within the prison system to receive
and investigate reports of sexual violence and provide protection and psychological
and medical assistance to victims;
(n) act without delay to protect the civilian population in areas of armed conflict
in northern Uganda from violations by the Lord’s Resistance Army and members
of the security forces. In particular, it should protect internally displaced
persons confined in camps, which are constantly exposed to attacks from the
Lord’s Resistance Army;
(o) take the necessary steps, as a matter of extreme urgency and in a comprehensive
manner, to prevent the abduction of children by the Lord’s Resistance Army,
and to facilitate the reintegration of former child soldiers into society;
(p) take effective measures, including judicial measures, to prevent mob justice;
(q) take immediate and effective steps to put an end to customary torture in
the area of Karamuja.
11. The Committee further recommends that the State party should:
(a) establish an effective national legal aid scheme;
(b) enhance its efforts to conclude the legislative process and to enact the
new refugee bill and subsequently to take all measures to ensure its full implementation
in
practice, in line with international refugee and human rights law;
(c) enact the Prison Bill of 2003 to counter widespread torture in local government
prisons;
(d) continue the discussions with regard to the Optional Protocol to the Convention
and consider becoming party to it as soon as possible;
(e) consider making the declaration under article 22 of the Convention.
12. The Committee requests that the State party provide in its next periodic
report detailed statistical data, disaggregated by crimes, ethnicity and gender,
on complaints relating to torture and ill-treatment allegedly committed by law
enforcement officials and on the related investigations, prosecutions and penal
and disciplinary sentences. Information is further requested on any compensation
and rehabilitation provided to the victims.
13. The State party is encouraged to widely disseminate the reports submitted
by Uganda to the Committee and the conclusions and recommendations, in appropriate
languages through official websites, the media and non-governmental organizations.
14. The Committee requests the State party to provide, within one year, information
on its response to the Committee’s recommendations contained in paragraph 10,
subparagraphs (h), (i), (j), (n) and (o) above.
15. The State party is invited to submit its next periodic report, which will
be considered as the second, by 25 June 2008.