Uganda

Uganda

Fast facts

Total population: 49.25 million

Internet penetration rate: 13.3 million

State bodies tasked with tackling GBV: Ministry of Gender Labour and Social Development | Minister of State for Gender and Culture | Equal Opportunities Commission | Uganda Police Force (UPF) | Uganda Human Rights Commission | Ministry of Justice and Constitutional Affairs | Department of Youth and Children’s Affairs | Ministry of Internal Affairs | Ministry of Finance Planning and Economic Development | Ministry of Local Government |Department of Corporate Planning and Strategy | National Children Authority | National Women’s Council | Electronic Crime Counter Measure Unit under UPF Cybercrimes Unit under UPF 

GBV laws and policies in Uganda

Legislation: 

Chapter 4 of the Constitution provides for the protection and promotion of fundamental human rights and freedoms. Article 21 specifically provides for equality and freedom from discrimination. Article 21(1) and (2) respectively provide that all persons are equal before the law, and that a person shall not be discriminated against on the grounds of sex, amongst other grounds. Sexual orientation is not a listed ground. 

Article 24 states that no person shall be subjected to any form of torture or cruel, inhuman, or degrading treatment or punishment. 

Article 31(1) stipulates that men and women are only entitled to marry if they are both of the age of 18 years and, according to subsection (3), if both have given free consent to do so. Article 31(1)(a) states that men and women at the age of 18 are entitled to found a family and to equal rights in, during, and upon the dissolution of a marriage. Article 31(2a) specifically prohibits same-sex marriage.  

Article 33 entrenches women’s rights. According to article 33(1), women shall be accorded full equal dignity of the person with men. Further, Article 32 sets out affirmative action in favour of marginalised groups and states, in article 32(2), that laws, cultures, customs and traditions that are against the dignity, welfare, or interest of women  and other marginalised groups are prohibited by the Constitution. 

Children’s rights find protection under article 34 and, in article 34(4), the Constitution states that children are entitled to be protected from social or economic exploitation. 

Instances of GBV invoked the Domestic Violence Act being drafted and coming into effect in 2010. Section 2 of the Act defines domestic violence in a holistic manner, as constituting any act or omission of a perpetrator which harms, injures or endangers the health, safety, life, limb or wellbeing (mental or physical) of the victim. The Act explicitly includes physical, sexual, emotional, verbal, psychological, and economic abuse in this definition. The Act prohibits a person in a domestic relationship from engaging domestic violence and, in article 5, states that consent does not constitute a defence in domestic violence cases. 

This Act provides for the prohibition of female genital mutilation (FGM), the offences, persecution and punishment of offenders, and the protection of victims and those under threat of FGM. The Act defines FGM, and makes it an offence to carry out FGM. A person is liable on conviction to imprisonment not exceeding 10 years. A person who commits the offence of aggravated FGM, which is where death occurs as a result; the offender is a parent, guardian or person with authority or control over the victim; where the victim is disabled; the victim is infected with HIV as a result of the FGM; or when the FGM is done by a health worker, is liable on conviction to life imprisonment. 

This Act prohibits any form of sexual relations between persons of the same-sex and prohibits the promotion or recognition of sexual relations between persons of the same sex. A person who commits the offence of homosexuality is liable on conviction to life imprisonment. Further, article 11 of the Act limits freedom of speech, as it criminalises various forms of the promotion of homosexuality. 

The amendment made in 2016 addresses several issues, including sexual abuse and exploitation, child marriage, FGM, and other forms of physical and emotional abuse. Section 7 explicitly states that a person shall not expose children to any customary or cultural practices that are harmful to their health, wellbeing, education or social-economic development. 

The Prevention of Trafficking in Persons Act prohibits human trafficking, and provides for the prosecution and punishment thereof. It also seeks to protect victims of trafficking and, in section 11, stipulates that measures for the protection, assistance and support to victims of trafficking must be interpreted and applied in a manner that is not discriminatory on the basis of race, religion, belief, age, family status, culture, language, nationality or gender. Section 12(4) specifically stipulates that victims of trafficking may, regardless of the criminal charge arising against the trafficker, pursue a civil claim against them. 

The Penal Code has been amended several times since its initial commencement, and section 3 states that it must be read together with the above Acts. The Penal Code governs Uganda’s criminal justice system. 

Policy: 

The policy was issued by the Ministry of Gender, Labour, and Social Development. It broadly sets out the measures to be taken to eliminate GBV.  Some of the policy strategies include promoting male responses in the prevention of GBV, strengthening community-based prevention programmes, and utilities print and electronic media to foster knowledge about GBV prevention.   

The third iteration of the National Development Plan identifies the following actors as primarily responsible for the reduction of domestic violence, child deprivation, and child labour: the Ministry of Gender, Labour, and Social Development; Ministry of Justice and Constitutional Affairs; Ministry of Internal Affairs; Ministry of Finance Planning and Economic Development; the Ministry of Local Government, the private sector, and CSOs.  

This national strategy has several objectives which include the promotion of an enabling environment to end child marriage and adolescent pregnancy; to influence changes in dominant thinking in regard to social and cultural norms that cause, drive and perpetuate the practice of child marriage and adolescent pregnancy; and to develop and strengthen institutional, community and family systems for the prevention of child marriages and adolescent pregnancy. 

Legislation 

The Computer Misuse Act seeks to prevent unlawful access, abuse or misuse of information systems, including computers. Section 18 stipulates that a person may not disclose any electronic data, record, nook, register, correspondence, information, document or any other material, to another person for any other purpose other than for what they initially obtained access. This provision may be broad enough to prohibit the non-consensual distribution of intimate images, a form of OGBV. 

The Act similarly criminalises child pornography in section 23, cyber harassment in section 24, and cyberstalking in section 26, all of which may constitute OGBV. 

This Act defines and creates the offence of pornography. Pornography is broadly defined, and includes any representation of a person engaged in real or stimulated sexual activities as well as any representation of the sexual parts of a person for primarily sexual excitement. This Act criminalises both the production and procurement of pornography in section 13. Producers and procurers of child pornography face higher penalties in section 14. A child is defined as a person below the age of 18. 

The Uganda Communications Act establishes the Uganda Communications Commission (“UCC”) which is responsible for, amongst other things, regulating and monitoring online content. The UCC may, in terms of section 39, set conditions for licenses for service providers. Here, it could set conditions obliging service providers to prevent and address OGBV. 

This Act aims to protect the privacy and personal information of individuals whose data is being collected and processed. The Act further imposes obligations on those collecting, processing and controlling personal data. The Act applies to any person, institution or public body collecting, processing, holding, or using personal data within Uganda as well as those outside of the country collecting, processing, holding, or using personal data relating to Ugandan citizens. By prohibiting unlawful access and use of personal information, this Act could aid in preventing OGBV. For example, the Act requires in section 7 that data subjects must give their informed consent before their data is collected. This empowers individuals to control who has access to their personal information, reducing the risk of it being used maliciously.

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GBV trends and resources in South Africa

In 2019, Uganda piloted specialised gender-based violence (GBV) court sessions which ran from November to December of that year. The purpose of the project was to resolve the significant backlog of GBV cases; the project ultimately resulted in over 700 cases being heard and over 400 convictions. The project also entailed sexual offences training for judicial officers and prosecutors based in Kampala. While this was regarded as a landmark initiative, GBV rates remain concerningly high. As of 2023, at least 56% of girls and women in Uganda had experienced GBV, which is seemingly exacerbated by a challenging economic climate. The state of the economy has been described as precarious with poverty impacting about 30% of the population. Public polls find that GBV is regarded as the most critical gender-related issue in the country, however, there are strongly-held views that GBV should be regarded as a private family matter which does not require intervention by law enforcement. 

At the familial level, the primary drivers or predictors of GBV include poor parent-child attachment, harsh parenting styles, discriminatory gender socialisation and parental conflict. As is the case with other countries, the implications of GBV can span generations. The impact of GBV on refugees in Uganda is also stark. The United Nations Refugee Agency (UNHCR) reported on the experience of refugees based in Kyaka II, in the Kyegegwa District.  Kyaka II houses more than 120, 000 refugees. One person noted that GBV is used to control women’s access to resources and that, “…Families are always fighting because there is not enough food and there is not enough land.”  

Child marriage rates are alarming – a third of adolescent girls are married by the time they turn 18 years old. Child marriage in the country is associated with poverty and a lack of opportunity, lower levels of education, harmful cultural practices, and orphanhood. It is more pronounced in rural communities. Between 2006 and 2008, Parliament amended the Penal Code Act, among others, to include terminology relating to child sexual exploitation. In the main, the Ministry of Health, the Ministry of Gender, Labour and Social Development, and the Ministry of Education and Sports have taken measures to address child marriage. Their efforts are supported by intergovernmental agencies and non-governmental organisations (NGOs). In 2022, the government issued the second version of the National Strategy to End Child Marriage and Teenage Pregnancy.  

Institutionally, the National Children Authority (NCA), which was established in 2016, is mandated to coordinate and monitor the implementation of children’s rights programmes and policies. It must also create awareness on child abuse and child protection. The NCA is housed under the Ministry of Gender, Labour and Social Development. The Ministry further houses the National Council of Women (NCW) as well as the National Council for Older Persons. 

Uganda’s harrowing stance on LGBTQIA+ rights was affirmed through the enactment of the Anti-Homosexuality Act in 2023, despite concerns from human rights defenders. The Act was passed by Parliament with overwhelming support. It criminalises same-sex conduct and also introduced the offence of “aggravated homosexuality” – that is same-sex conduct which involves, for example,  children, elderly persons, or a person with a disability. There are concerns that the Act will erase progress made in the fight against the HIV/AIDS epidemic. This is because same-sex individuals may avoid accessing health care and medical services out of fear of being outed and subsequently prosecuted. 

Judicial independence has been weakened by minimal investment and deeply-entrenched corruption. December 2023 saw the launch of the National Sexual and Gender-Based Violence Bench Book to consolidate leading precedent on SGBV cases and note learnings from practitioners working in SGBV and children’s courts. The Principal Judge of the High Court of Uganda has noted the need for improved witness protection systems to encourage reporting. During the 20th Annual Judges’ Conference in 2018, Judge Wolayo highlighted that “compromises” which are reached between adult relatives of the victim and/or survivor and the suspect’s side can impede court proceedings. 

Overall, Uganda is a complex country and its regressive stances on some issues are cause for concern. In the words of activist Frank Mugisha, “It is important for the international community to listen to the local voices, and take direction from the local voices on how they can support, and how they can engage, and how they can provide solidarity to the LGBT community that needs this support urgently.” 

Women who are most at risk to experience GBV in Uganda include elderly women, divorced or separated women, widowed women, women with a disability, those in rural areas, and those in households with low socio-economic status.  

The 2021 National Survey on Violence in Uganda identifies common forms of GBV. Intimate Partner Violence (IPV) is a common occurrence across many districts, both in the context of heterosexual and same-sex relationships. This includes physical, emotional, sexual and economic abuse. 

Approximately 95% of women in Uganda in 2021 had experienced physical or sexual violence, or both, by partners or non-partners since the age of 15. The above survey found that the level of non-partner physical violence was generally higher than partner violence, with the perpetrators being mostly family members. Women particularly vulnerable to violence included married women whose dowry was not paid and women who earn an income. 

The above survey indicates that reported sexual violence by non-partners was 55%. The prevalence of childhood sexual abuse is high, at 59%. Women who have never attended school are more at risk of childhood sexual abuse than those who have. Women in the Acholi region are most likely to experience this type of abuse, closely followed by Bukedi and Elgon, compared to other regions. 

In Uganda, little below half of women experience economic violence. The above survey found that every 2 in 10 women are obliged to give their earnings to their partners, 1 in every 10 gave up paid work due to pressure from their partner, and a quarter of women had their partner refuse to give them money for household expenses. 

GBV, particularly sexual and physical violence was used as a weapon of war in Uganda’s civil war. Even now that the conflict has ended, a lack of access to courts and reporting systems, and stigma against survivors of GBV has resulted in many being unable to access justice. Further, women in displacement camps faced continued GBV. 

OGBV: 

Pollicy, a non-governmental organisation working at the intersection data, technology and government service delivery, has done substantial work in examining OGBV trends in the Ugandan context.  The most prevalent forms of OGBV are the non-consensual distribution of intimate images, online sexual harassment, cyberstalking, and impersonation. For victims and/or survivors, this conducted causes trauma, stigmatisation and a loss of self-confidence, social isolation, and sometimes a loss of employment. 

In 2019, the Ugandan government piloted a specialised court project to address the backlog of GBV cases. Over 700 cases were heard by the High Court and Chief Magistrates Court. The project resulted in the conviction of 400 individuals. Flexible methods were used to support victims and/or survivors. For example, in some instances, Judges took evidence from the homes of witnesses to bring justice closer to communities.  

Studies show that GBV increased in Uganda during the COVID-19 pandemic, with the rise associated with limited access to GBV prevention services and information. Uganda’s National Institute of Public Health stated that GBV incidents tripled among age groups 13-17 and 0-12 year old, and doubled among 18-34 year olds during the January to July 2020 lockdown. 

In 2023, the Minister of Gender, Labour, and Social Development announced that it would partner with healthcare workers to establish regional GBV one-stop centres. The centres would include psycho-social support services and legal aid which would also be accessible to men. 

The passing of the Anti-Homosexuality Act was preceded by persistent. In August 2023, the Director of Public Prosecution announced that it had charged two men with “aggravated homosexuality.”  

OGBV: 

Access to the internet is increasing steadily in Uganda – between January 2023 and January 2024, more than 1.2 million more people gained access. While several cybercrime laws exist in Uganda, they deal with OGBV to a limited degree. Broadly, different forms of OGBV may potentially be challenged and addressed in terms of the Computer Misuse Act of 2011, the Anti-Pornography Act of 2014, the Uganda Communications Act of 2013, and the Data Protection and Privacy of 2019. 

UPF GBV Hotline: 

  • Tel:  0800 199 195 
  • E-mail: not applicable 
  • Website: not applicable  

Sauti: 

Freedom and Roam Uganda (FARUG): 

Uganda Network on Law, Ethics and HIV/AIDS (UGANET): 

Foundation of Human Rights Initiative (FHRI) 

Resilient Women’s Organisation (RWO) 

SafePal: 

* This factsheet was prepared with the assistance of Portia Uwera

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