Uganda

Draft still being prepared, current draft includes important rights contained in the Model Law, others not properly developed. State obligations in a similar state. Protection Mechanism not yet properly developed.

The human rights defenders’ protection bill, 2022

Type of instrument: Law
Status: (as of 1 October 2022)
In progress; draft prepared by civil society; in discussion.

Comments on the instrument:
The draft law is still being prepared. Drafts to date have missed important elements and rights contained in the Model Law, such as the right to freedom of expression, peaceful assembly, to form associations and freedom from defamation and stigmatisation. While rights that are included in the draft are not clearly articulated. In fact, very few freedoms are provided for explicitly. However, several can be inferred from State obligations as fundamental obligations of the State are more developed, including several obligations enshrined in the Model Law. Finally, there is no Protection Mechanism established through the law. A single article provides that the Minister responsible for Justice and Constitutional Affairs is to oversee the implementation of the law.

Does the instrument contain specific provisions easily used to restrict human rights defenders’ rights?
Yes. According to Art. 24 (1), ‘a Human rights defender shall not exercise any of the functions prescribed in section 13 (3) unless the human rights defender is registered by Uganda Human Rights Commission.’ In doing so, the law requires human rights defenders to register to be able to be considered a human rights defender. Registration depends on multiple requirements, including a monetary sum and submission of documents (prescribed by the Minister through regulations). Failing such registration, if the human rights defender conducts their work they risk imprisonment up to three years. This places an unreasonable burden on defenders, excludes multiple defenders from protection under the instrument and allows authorities to arbitrarily decide who constitutes a human rights defender.

Moreover, Art. 7 restricts human rights defenders’ right to seek, receive and disseminate information and Art. 15 places strict restrictions on sources of funding and includes severe penalties for any violation of this provision.

Comparison to the Model Law

Below is a short summary of the instrument as compared to the Model Law. For additional information and analysis by ISHR on Uganda, click here.

A selection of fundamental rights for human rights defenders incorporated in the instrument:

Provision	Covered?	Analysis / articles
Definition of Human Rights Defender	FULL	Part I, 3
Right to promote and protect human rights and fundamental freedoms	FULL	Part I, 3 Part III, 13
Right to Form Groups, Associations, and Organisations	NONE
Right to Solicit, Receive and Utilise Resources	FULL	Part III, 15 (1)
Right to freedom of expression and to seek, receive and disseminate Information	PART	Part II, 7 Part III, 13, 3) i), j)
Right to access and cooperate with NGOs, government organisations and intergovernmental organisations	PART	Part II, 7
Right to participate in public affairs	FULL	Part II, 8 Part III, 13 (3) a), g), h)
Right to Peaceful Assembly	NONE
Right to represent and advocate	PART	Part III, 13 (1), (2), (3) c), k)
Right to freedom of movement	FULL	Part II, 10
Right to Privacy	PART	Part VI, 26 (2) h)
Freedom from intimidation or reprisal	FULL	Part II, 5 Part III, 16 (2)
Freedom from defamation and stigmatisation	NONE

State obligations regarding human rights defenders in the instrument?

Provision	Covered?	Analysis / articles
Obligation to respect, promote, protect and fulfil rights of human rights defenders	FULL	Part II, 4
Obligation to facilitate the activities and work of human rights defenders	FULL	Part II, 9
Obligation to prevent and to ensure protection against arbitrary or unlawful intrusion, interference, and intimidation or reprisal	FULL	Part II, 5, 6
Obligation to investigate, provide an effective remedy and ensure reparation	NONE

Mechanism on the protection of human rights defenders established in the instrument?
Yes, in part IV.

Provision	Covered?	Articles
Cooperation with human rights defenders, civil society, and national and international human rights bodies	NONE
Training of mechanism’s personnel on human rights and fundamental freedoms	NONE
Periodic reviews with independent experts and CSOs on the functioning of the Mechanism	NONE
Resources for adequate functioning of the Mechanism / transparency on resource usage	NONE
Public acknowledgement of human rights defenders’ work and rights (promotion of UN Declaration)	NONE
Disseminate information on protection programmes for human rights defenders, Mechanism’s work	NONE
Development of protocols and guidelines based on best practices to protect human rights defenders	NONE
Assist investigations for prosecuting offences against human rights defenders	NONE
Granting of protective measures based off a specific risk assessment	NONE
Review / appeal of Mechanism decision before courts or independent authority	NONE
Confidentiality and personal data protection	NONE
Actions to achieve structural changes (annual reports on the situation of human rights defenders, advising government on laws and policies related to human rights defenders)	PART	Part VI, 29 (2),( 3)

Quick access

2022 Draft Law