Wednesday 18 July 2012

Changing the rules of the game: UN Convention on torture to be enforced in Uganda


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When the Hunter becomes the hunted: Top police chiefs worried about Anti-torture Bill



UN Convention on torture to be enforced in Uganda


Publish Date: Jul 18, 2012

By Pascal Kwesiga

Uganda and other five African countries have started to develop the implementation framework to enforce the UN Convention against torture and other cruel, inhuman treatment. 

Uganda ratified the Convention in 1986 but it has never been implemented.

Researchers from Uganda Human rights commission (UHRC), University of Cape Town, University of Western Cape in South Africa, University of Bristol in UK and African Policing Civilian Oversight Forum are developing the implementation frame work for Uganda, South Africa, Kenya, Burundi, Rwanda and Mozambique.

The project dubbed Article 5 Initiative is funded by the European Union.

The ambassador of the European Union to Uganda, Roberto Ridolfi in a speech read for him during a stakeholders meeting on domestication of the UN Convention against torture said all countries are obligated to comply with the unconditional prohibition of all forms of torture and ill-treatment under international law.

He said the EU calls upon all member states to implement fully the absolute and non-derogable prohibition of torture and other cruel, inhuman or degrading treatment.

The head of the criminal division of the high court told a meeting attended by police, army officers and officials from the justice law and order sector that people have been tortured in their homes, schools, police cells, prisons and in war zones in Uganda.

 Justice Lamech Mukasa addressed the group at Imperial Resort Beach in Entebbe on Tuesday.

He said torture has been employed to extract confessions, adding that “these barbaric acts are likely to continue unless the UN Convention against torture, African charter on human and peoples' rights are enforced.”


If the Anti-torture Bill is signed into law by the President, all evidence obtained under torture would be expunged from court records and security officials accused of torture would be sued individually instead of dragging government to court.

According to the Bill, individual security officers would no longer justify torture of suspects using "orders from above.”

If they did, they would be held responsible for the cruel treatment. Superior officers would also be held responsible for the actions of the junior officers under their command.

The Human Rights officers said the Bill will save tax payers from paying compensation fees to torture victims since individual culprits would have to foot the bills.

Debra Long, a human rights researcher from Bristol University said the implementation framework would be ready by the end of next year.

The UHRC boss, Medi Kaggwa said that torture by State actors and non-State actors in Uganda was still rampant hence the need to domesticate all international conventions on torture and national laws aimed at preventing and eliminating the crime.