ARTICLE 19 expresses grave concern over the unnecessary, disproportionate, and restrictive limitation of the right to protest in Uganda during the #March2Parliament anti-corruption demonstrations on 23 July. The heavy-handed response by authorities, which saw the use of force, arbitrary arrests, and intimidation of peaceful protesters, including threats of legal action, points out a worrying trend of a clear suppression of dissent.
On 23 July, peaceful protesters took to the streets in Kampala to express their dissatisfaction and frustration with poor governance, slow progress with development plans, and allegations of rampant corruption. The allegations of widespread corruption were levelled against members of Parliament in particular, including against the Speaker, Ms. Anita Among, who was accused of sharing an award of $460,000 for ‘public service’. A large number of unarmed protesters waving placards called for an audit of the relevant legislators’ incomes and demanded accountability and transparency.
The Speaker has experienced harsh repercussions from such claims, with both the United States and United Kingdom sanctioning her in May over the allegations of corruption and abuse of office.
‘The right to peaceful assembly and freedom of expression are cornerstones of a democratic society,’ said Mugambi Kiai, Executive Director for ARTICLE 19 Eastern Africa. ‘We implore the Government of Uganda to respect the protesters’ rights to freely express themselves, including through peaceful assembly, in adherence to their international legally-binding obligations, under Articles 19 and 21 of the International Covenant on Civil and Political Rights,’ Mugambi Kiai added.
The authorities identified and charged three protest organisers: anti-corruption activists George Victor Otieno, Kennedy Ndyamuhaki and Aloikin Praise Opoloje. Reports indicate that over 70 protesters country-wide were detained and charged with the colonial relic offences of ‘common nuisance’ and being ‘idle and disorderly’. Released and detained protesters disturbingly alleged that they had been sexually assaulted while in custody.
‘It elicits deep sadness that the authorities have resorted to colonial laws to punish the youthful, brave activists in Uganda demanding proper governance and tangible change to better their lives, and the trajectory of the nation,’ said Kiai. ‘We stand in support of the protests, which are a lawful exercise of citizens’ internationally-recognised rights that supplant the government’s position. We call for the investigation of assault allegations, and for any alleged perpetrators to be brought to justice’, added Mugambi.
Background
Uganda ranked 119 out of 161 countries in the 2023 Global Expression Report, ARTICLE 19’s annual assessment of freedom of expression and access to information globally, indicating a highly-restrictive environment.
Uganda’s poor track record in protecting freedom of expression stems from policies and laws previously adopted. ARTICLE 19 highlighted the rapid shrinking of Uganda’s civic space, culminating with the promulgation of the controversial Public Order Act. The Act de facto outlaws all peaceful assemblies through subjecting them to approval by authorities. The dire infringements on the right to peaceful protests prohibit all public meetings unless they are held in ‘Town Halls’ between 7am and 7pm. The Act disturbingly permits the vague and widespread disruption and dispersion of protests. ARTICLE 19 has called on the authorities to revise the law and ensure adherence to international laws and standards pertaining to limitation of protests, using the 3-pronged proportionality test under Articles 19 & 21 of the International Covenant on Civil and Political Rights (ICCPR), and ensuring use of force and limitation of the right is a last resort.
Violations of the right to free expression and peaceful assembly are not new in Uganda. In June 2024, Ugandan environmental defender Stephen Kwikiriza was detained by the Ugandan military incommunicado for his dissent and opposition to the East African Crude Oil Pipeline.
ARTICLE 19 calls upon the government to address the demands of protesters and respect their dignity, right to freely express themselves, and right to peaceful assembly. The ARTICLE 19 Free to Protest campaign advocates for a human rights-centred approach to the policing of protests in Uganda. This is in line with Articles 19 & 21 of the ICCPR as well as the African Charter for Human and People’s Rights.
ARTICLE 19 Eastern Africa calls on the authorities to cease criminalisation of the right to protest and to dismantle and amend restrictive articles of the Public Management Order Act. Investigations must commence to bring to justice all law enforcement officers involved in the assault and brutality against protestors.