Following its statement that was issued on the 25th of March 2020 on the human rights concerns in dealing with Covid-19, the Uganda Human Rights Commission (UHRC) continues to monitor the observance of human rights, duties and responsibilities in the fight against Covid -19 in line with its mandate under Article 52 of the Constitution of the Republic of Uganda. 

The Commission has been monitoring the human rights situation in the last three weeks of the lockdown and now wishes to appreciate the good work done by the Government of Uganda under the strategic leadership of His Excellency the President, and under various Ministries, Departments and Agencies, with the Ministry of Health at the helm in conjunction with all security agencies, particularly for the well-designed multi-sectoral preventive and response measures to COVID-19 in the country.

 

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Published: April 24, 2020

 

Introduction

The Human Rights and Accountability Working Group is a thematic sub-structure of the JLOS Technical Committee that is responsible for the development and oversight of sector interventions to strengthen and promote human rights and accountability programs, processes and structures.

The Working Group enables deeper consideration of human rights issues within the broad spectrum of enhancing access to justice for all, specially the vulnerable persons. This is a response to the need for more effective and better institutionalized linkages that was identified in the JLOS Mid Term Review as affecting the level of impact and implementation of JLOS programs. Therefore, the Group is a key driver in improving the promotion, protection and respect of human rights within JLOS institutions and also ensuring accountability in service delivery.

 

Establishment
The Working Group is an extension of the JLOS Technical Committee and offers in-depth consideration of JLOS interventions that is otherwise not be possible in the Technical Committee. The Working Group reports to the Technical Committee for decisions related to resource allocation and management. It is resourced by the JLOS Advisor for Human Rights and Accountability, whose mandate includes providing technical advisory support, coordinating the Group’s activities and acts as the link to the JLOS secretariat.


Mandate and Functions
The mandate of the Group is to support the Technical Committee in the implementation of the JLOS SDP and in monitoring and evaluation of JLOS interventions.


The Group has to ensure that issues concerning the Human Rights and Accountability component influence the agenda of the Technical Committee and Steering Committee, and bring to the fore emerging issues of national importance.


The Working Group handles matters relating to;
1.    Promotion and protection of human rights at individual and institutional levels;
2.    Promotion of internal and external JLOS accountability;
3.    Adoption and implementation of the Anti-corruption measures in JLOS;
4.    Promotion of accountability in Transitional Justice, and
5.    Handling emerging broader human rights and accountability thematic issues.

The Human Rights and Accountability Working Group has various functions that include;
a.    Promote observance of human rights and accountability within JLOS MDAs;
b.    Identify constraints to the achievement of the Human Rights and Accountability programs to the sector structures for redress;
c.    Monitor and evaluate the implementation of the Human Rights and Accountability Reform Programs;
d.    Prepare analysed and comprehensive progress reports on Human Rights and Accountability programs within the overall program for the Technical Committee;
e.    Recommend relevant changes to JLOS SIP III implementation activities as necessary;
f.    Respond to issues raised by the Technical Committee, Steering Committee and Leadership Committee;
g.    Benchmark the JLOS Human Rights and Accountability interventions against other successful sectors/models;
h.    Support sector publicity;
i.    Support the sector in lobbying for funds;
j.    Develop action plans and budgets for the Human Rights and Accountability component;
k.    Perform any other tasks that may be assigned by the Technical Committee. 

When implementing its functions, the Group is obliged to continually mainstream cross-cutting issues  (such as poverty, gender, conflict, HIV-AIDS , and environment) in all activities and also focus on pro-poor programming, low cost but efficient initiatives, vulnerable groups, and bear sensitivity to conflict/post conflict affected areas.

The Working Group is required to provide a work plan supported with a procurement plan to the JLOS secretariat at the end of each financial year.

Membership
In line with SDP:
1.    To the extent possible, each JLOS institution is required to nominate at least two (2) suitable representatives to the Working Group. One is be a senior technical person knowledgeable in the thematic area, and an alternate.
2.    Civil Society Organizations and private sector bodies are expected to express interest in participating in the Working Group. Once deemed relevant and admitted to the Group, a CSO is required to nominate one suitable representative to the Working Group.


The selected representatives/members are expected to:
1.    Attend meetings regularly and participate in the activities of the Working Group;
2.    Provide feedback and report on  implementation of programs;
3.    Provide their respective institutions with reports and updates on the work of the Working Group.

Membership of the Working Group shall be drawn from the 17 JLOS institutions and non-State actors. The Working Group may also co-opt persons from other institutions if the matter under discussion so requires. The current membership of the working group is as follows;


JLOS Institutions
1.    Uganda Law Society (ULS)
2.    Judiciary
3.    National Community Service Program (NCSP)
4.    Non-Government Organisations’ Board (NGO Board)
5.    Amnesty Commission (MIA-AC)
6.    Directorate of Public Prosecution (DPP)
7.    Uganda Prisons Service (UPS)
8.    Judicial Service Commission (JSC)
9.    Ministry of Gender, Labour and Social Development (MoGLSD)
10.    Uganda Human Rights Commission (UHRC)
11.    Law Development Centre (LDC)
12.    Ministry of Justice & Constitutional Affairs (MoJCA)
13.    Uganda Law Reform Commission (ULRC)
14.    Uganda Police Force (UPF)
15.    Department of Citizenry and Immigration Control (DCIC)
16.    Uganda Law Council (ULC)
17.    Centre for Arbitration and Dispute Resolution (CADER)
18.    Tax Appeals Tribunal (TAT)
19.    Uganda Registration Services Bureau (URSB)
20.    Ministry of Local Government (Local Council Courts)


Non-State Institutions
1.    Independent Development Fund (IDF)
2.    National Union of Disabled Persons of Uganda (NUDIPU)
3.    JLOS Development Partners Group Focal persons (JLOS DPG)
4.    Human Rights Network (HURINET)
5.    Foundation for Human Rights Initiative (FHRI)
6.    Anti-Corruption Coalition of Uganda (ACCU)


Leadership
The leadership of the Working Group is determined by both the Technical Committee and Group membership.


Chairperson
The Chairperson of the Human Rights and Accountability Working Group is selected by the Technical Committee from its membership, while the Alternate Chairperson of the Working Group is determined annually by members from among the membership of the Working Group.


The Chairperson has the following functions:
a)    Chairs Working Group meetings;
b)    Communicate key issues and suggestions made by the Working Group to stakeholders;
c)    Manages timely progress of meetings and tasks assigned to members;
d)    Provides strategic direction for the Working Group;
e)    Presents reports to the Technical Committee on behalf of the Working Group.

Secretary
The Advisor- Human Rights and Accountability is the Secretary to the Working Group. The Secretary is responsible for timely documentation of the submissions, minutes and any documentation for the Working Group and the contact person for the same.
Meetings of the Working Group


The Group endeavors to meet on a monthly basis.  The Chairperson determines the date and venue for the meetings of the Working Group. The Secretary is responsible for invitations to the meetings of the Working Group.  Unless otherwise agreed, notice of each meeting informing members of the venue, time, date and agenda is sent to the members of the Working Group a week in advance.


Quorum
A quorum is dully constituted by a simple representative majority. A duly convened meeting of the Working Group, at which quorum is attained, is competent to exercise all or any of the powers and authority vested in or exercised by the Working Group.


The Human Rights and Accountability Group is one of the five Working Groups that the Technical Committee operates through, with a focus of deepening JLOS interventions especially regarding promoting the observance of human rights and accountability within the Sector. The concerted efforts of the JLOS Working Groups should substantially contribute towards the promotion of the rule of law in Uganda.

 

FACTS AND FIGURES (HUMAN RIGHTS)

1) Observance of human rights across JLOS has continued to improve over the SDP IV period. This is attributed to increased establishment of human rights structures and mechanisms across different JLOS MDAs at national and sub-national levels, training of JLOS staff in human rights, and application of the standards in the administration of justice

2) In July 2021 H.E. the President appointed Ms. Mariam Wangadya as the new Chairperson of the Commission. She and five members of the Commission were sworn in on 30th September 2021 to commence work. The UHRC has nonetheless continued to maintain its ranking of “A” status.

3) Despite the COVID-19 disruption, the proportion or remand prisoners reduced from 52% in 2016 to an annual average of 50.6% in 2020/21. The lowest levels of 47.7% were reached in FY2018/19 as a result of increased case disposal.

4) The Sector, through the UHRC enhanced civic education using the media and dissemination of IEC materials, and this was complemented by the Electoral Commission and CSOs. The national election season was constrained by the COVID-19 pandemic and this limited the extent of physical association and citizen engagement

5) JLOS efforts to reduce human rights violations have broadly registered positive impact over the SDP IV period. The focus was largely on institutionalising human rights mechanisms within JLOS MDAs, building knowledge capacity amongst JLOS officers, enhancing monitoring inspection of key functions and processes, strengthening the legal and policy framework on human rights, and holding all persons involved in human rights violations accountable

6) In 2020/21, case clearance by UHRC was posited at 14.8% against a target of 76%. The UHRC concluded only 70 complaints through mediation because its tribunal was non-functional for the entire year. Currently, the UHRC is fully constituted and all mechanisms are functional.

7) JLOS has maintained human rights structures and mechanisms in key institutions, including the UPF’s Directorate of Human Rights and Legal Services established in 2015, Human Rights Desks in all 28 police regions, Human Rights Committees in all 259 prison units across the country, and human rights desks in key MDAs including ODPP, and MoJCA

8) At the institutional level, JLOS continued to support its human rights mechanisms and ensure their functionality, and established new ones as well. The focus has largely been on the criminal justice chain where human rights violations were observed and reported by members of the public

 

FACTS AND FIGURES (ACCOUNTABILITY)

1) Since 2016/17, the perception index against corruption has improved from 25% in 2016 to 27% in 2020/21

2) The fight against corruption was strengthened through increased capacity building and enforcement of anti-corruption laws, combined with a heightened focus on asset recovery

3) The Anti-corruption Division (ACD) of the High Court is one of the anti-corruption hallmarks of achievement of JLOS over the 20-year period. Established in 2009, the ACD has emerged as a leading mechanism in the fight against corruption in Uganda, and a benchmark for the African region.

4) During the SDP IV implementation period, the ACD case clearance rate has increased by a proportion of 30%, from a rating of 89% in 2016/17 to 115.6% in 2020/21. Over the same period, the ACD disposal rate has grown by 15.5%.

5) Uganda’s ranking under the Transparency International’s Corruption Perception Index (CPI) score also dropped from 28% to 27%. Uganda’s international rank also dropped from 137th to 142nd of 180 countries assessed. This is largely attributed to the prevailing apathy where the public is complicit in the growing levels of corruption in Uganda

 

Adopted from the JLOS Annual Report (2020 - 2021)