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’ bill, 2018

Type of instrument: Law and Protection Mechanism
Status: (as of 1 January 2022)
In progress; initial draft prepared by civil society; in discussion.

Comments on the instrument:
The draft law is still being prepared, and drafts to date have missed important elements and rights contained in the Model Law, while those included in the draft are not properly developed. This makes the draft hard to understand and could lead to restrictive interpretation or implementation if passed in a similar form. Fundamental obligations of the State are missing or not properly enunciated and there are multiple blocks of text which are disconnected from the document. Finally, the Protection Mechanism established through the law is not properly developed, as most of its functions are contained in a single article, and important elements are missing.

Does the instrument contain specific provisions easily used to restrict human rights defenders’ rights?
No

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, 1.
Right to promote and protect human rights and fundamental freedoms	PART	Part II, 2., (1), (a) Part II, 3., (a)
Right to Form Groups, Associations, and Organisations	FULL	Part II, 2., (1), (a), (xi)
Right to Solicit, Receive and Utilise Resources	FULL	Part II, 2., (1), (a), (xiii)
Right to freedom of expression and to seek, receive and disseminate Information	FULL	Part II, 2., (1), (a), (vii, ix, x)
Right to access and cooperate with NGOs, government organisations and international organisations	FULL	Part II, 2., (1), (a), (viii)
Right to participate in public affairs	FULL	Part II, 2., (1), (a), (i-vi)
Right to Peaceful Assembly	FULL	Part II, 2., (1), (a), (xii)
Right to represent and advocate	PART	Part II, 2., (1), (a)
Right to freedom of movement	NONE
Right to Privacy	PART	Part II, 2., (1), (a), (xiv) Part II, 2., (2)
Freedom from intimidation or reprisal	FULL	Part II, 2., (1), (a), (xv)
Freedom from defamation and stigmatisation	FULL	Part I, 1., (VII, XIII) Part II, 2., (1), (a), (xv)

State obligations regarding human rights defenders in the instrument?

Obligation to respect, promote, protect and fulfil rights of human rights defenders	NONE
Obligation to facilitate the activities and work of human rights defenders	NONE
Obligation to prevent and to ensure protection against arbitrary or unlawful intrusion, interference, and intimidation or reprisal	FULL	Part II, 2., (1) Part III, 4. – 7.
Obligation to investigate, provide an effective remedy and ensure reparation	FULL	Part II, 2., (1), (a), (xvi) Part III, 4.-7. Part V., 10.

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	PART	Part IV, 9., (g, n)
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)	FULL	Part IV, 9., (h, m)
Disseminate information on protection programmes for human rights defenders, Mechanism’s work	FULL	Part IV, 9., (l)
Development of protocols and guidelines based on best practices to protect human rights defenders	FULL	Part IV, 9., (c)
Assist investigations for prosecuting offences against human rights defenders	FULL	Part IV, 9., (f)
Granting of protective measures based off a specific risk assessment	FULL	Part IV, 9., (a, b, c, i)
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)	FULL	Part IV, 9., (d, e, j, k)

Quick access

2018 Draft Law