Freedom in the World 2004 - Uganda

Political Rights: 5
Civil Liberties: 4
Status: Partly Free
Population: 25,300,000
GNI/Capita: $260
Life Expectancy: 44
Religious Groups: Roman Catholic (33 percent), Protestant (33 percent), Muslim (16 percent), indigenous beliefs (18 percent)
Ethnic Groups: Baganda (17 percent), Ankole (8 percent), Basogo (8 percent), Iteso (8 percent), Bakiga (7 percent), Langi (6 percent), Rwanda (6 percent), other (40 percent)
Capital: Kampala

Ratings Change
Uganda's political rights rating improved from 6 to 5 due to a Constitutional Court ruling removing key restrictions on political party activity.

Overview

In March 2003, Uganda's Constitutional Court overturned a controversial prohibition on political party activities, which had long formed the basis for suppression of political pluralism. Opposition parties continued to protest, however, about perceived restrictive party registration requirements and the predominant status of the ruling National Resistance Movement (NRM). Public statements by President Yoweri Museveni also raised the possibility that he would seek to lift the existing two-term presidential limit in time for elections in 2006.

Uganda has experienced considerable political instability since independence from Britain in 1962. An increasingly authoritarian president, Milton Obote, was overthrown by Idi Amin in 1971. Amin's brutality made world headlines as hundreds of thousands of people were killed. Amin's 1978 invasion of Tanzania finally led to his demise. Tanzanian forces and Ugandan exiles routed Amin's army and prepared for Obote's return to power in the fraudulent 1980 elections. Obote and his backers from northern Uganda savagely repressed his critics, who were primarily from southern Ugandan ethnic groups. Approximately 250,000 people were killed as political opponents were tortured and murdered and soldiers terrorized the countryside. Obote was ousted for a second time in a 1985 army coup. Conditions continued to worsen until the Museveni-led National Resistance Army entered the capital of Kampala in January 1986.

The NRM – for years, the only de-facto party functioning party – has ruled since a 1986 ban by President Museveni on most formal political party activities, including the sponsoring of candidates for elections and the staging of political rallies. In June 2000, a referendum was held on whether to lift the ban. Almost 90 percent of those voting supported continuation of the current de facto single-party system. Opposition parties had called for a boycott, however, and overall voter turnout was just over 50 percent.

Museveni and the NRM comfortably won presidential and legislative elections in 2001. However, the elections were held under conditions that called their legitimacy into serious question. Reports by human rights groups and donor countries concerning the March presidential election noted that state media and other official resources were mobilized in support of Museveni's successful candidacy, and that the ban on most formal party activities further hindered the opposition. Most observers believe, however, that Museveni would have won in a multiparty contest and described the actual balloting and vote tabulation processes as largely transparent. The opposition, which claimed that the elections were rigged, boycotted the subsequent parliamentary elections in June that confirmed the NRM's hold on the legislature; The NRM's comfortable majority was buttressed by dozens of special-interest representatives nominated by the president.

The 2002 Suppression of Terrorism Bill, which defines any act of violence or threat of violence for political, religious, economic, or cultural ends as a terrorist act, imposes harsh penalties on suspected terrorists and has raised fears that it could be used against political opponents. The unlawful possession of arms is also defined as terrorism. Publishing news that is "likely to promote terrorism" can result in up to 10 years' imprisonment.

In May 2002, parliament passed the Political Organizations Law barring the formation and registration of new parties until 2005, while old political parties are required to register afresh within six months or face dissolution. In 2003, the Constitutional Court ruled that the law was unconstitutional, as it effectively prevented political parties from carrying out their activities. Under the law, parties were not allowed to hold rallies, take part in elections, or have offices outside the capital, Kampala. Concerns exist that a continuing requirement that parties must register in order to be legalized will be used to prohibit or impede their functioning. The government has emphasized that all parties can only exist and operate after registering and paying the necessary registration fees. As part of these changes, leaders of the NRM were preparing in late 2003 to register it as a political party.

Despite the Constitutional Court's ruling, the NRM continues to dominate the nation's political life through direct and indirect means. The parliament has become increasingly assertive, however, occasionally rejecting appointments or policy initiatives proposed by the executive branch.

Regional tensions diminished somewhat during the year, as Ugandan military forces withdrew from the eastern part of the Democratic Republic of Congo (DRC). These units had been sent to suppress rebels who had been perpetrating attacks across the border into Uganda. International human rights groups, however, have criticized Uganda for continuing to support armed militias in eastern DRC. A cultbased guerrilla movement, the Lord's Resistance Army, continued a gruesome insurgency in northern Uganda, with human rights violations committed on both sides. Uganda has 1.5 million people living with HIV or AIDS. The latest records show that the rate of prevalence has gradually fallen from a national average of 30 percent in 1992 to about 6 percent today, the lowest in the sub-Saharan region.

Political Rights and Civil Liberties

Ugandans do not have the right to elect their government democratically. The only open multiparty elections were held in 1961 in preparation for the country's independence from Britain. In 1986, President Yoweri Museveni banned most political party activities. Uganda's 1995 constitution extended the ban for five years until the results of a 2000 referendum on the establishment of a multiparty system; voters overwhelmingly rejected the proposal. Arguing that majoritarian democracy exacerbates religious and ethnic tensions in Africa, President Yoweri Museveni substituted a "noparty" system with only one, supposedly nonparty political organization – the National Resistance Movement (NRM) – allowed to operate unfettered. Some space is allowed for parliament to function; it has, for example, occasionally censured government ministers accused of corruption and has forced budgetary amendments.

A Constitutional Review Commission (CRC) was established by Museveni in 2001 to examine possible adaptations to the constitution. Issues being discussed include the future of political parties, presidential term limitations, federalism, the size of parliament, and voter and candidate eligibility. Critics suggest that the commission does not reflect the broad spectrum of Ugandan public opinion. In 2003, the stature of the CRC was weakened by repeated pronouncements by the cabinet that it would reject any recommendations by the commission inconsistent with its own positions. Key issues include the two-term presidential limitation and the possible future federal form of government. Museveni himself made public statements that raised the possibility that he would seek to lift the two-term presidential limit in time for the 2006 elections.

There is some freedom of expression. Independent and print media outlets, including more than two dozen daily and weekly newspapers, are often highly critical of the government and offer a range of opposition views. Buttressed by legislation limiting press freedoms, however, the government at times selectively arrests or harasses journalists. A sedition law remains in force and is applied selectively to journalists and other persons who hold views that are at variance with those of the NRM. The Suppression of Terrorism Bill levies a possible death sentence on anyone publishing news "likely to promote terrorism." Several private radio stations and private television stations report on local political developments. The largest newspapers and broadcasting facilities that reach rural areas remain state owned. Governmental corruption is reported. Opposition positions are also presented, but the coverage is often not balanced. Journalists have asked parliament to enact a freedom-of-information act.

There is no state religion, and freedom of worship is constitutionally protected and respected. Various Christian sects and the country's Muslim minority practice their creeds freely.

Nongovernmental organizations (NGOs) currently make a significant contribution to Uganda's social, cultural, and political life. They encourage the expression of different views and, significantly, have been willing to address politically sensitive issues. The existence and activities of NGOs are, however, subject to stringent legal restrictions. All NGOs in Uganda must be approved and registered by a government-appointed board composed mostly of government officials, including security officials, before they are allowed to operate. Security forces have halted numerous political rallies, some through force, and leading opposition activists have been harassed and, sometimes, subjected to arbitrary arrest.

The National Organization of Trade Unions, the country's largest labor federation, is independent of the government and political parties. An array of essential workers are barred from forming unions. Strikes are permitted only after a lengthy reconciliation process.

The judiciary is still influenced by the executive despite increasing autonomy. It is also constrained by inadequate resources and the army's occasional refusal to respect civilian courts. With parliamentary approval, the president names a judicial commission that oversees judicial appointments. At times, the government liberally applies the charge of treason against nonviolent political dissidents. Local courts are subject to bribery and corruption. Prison conditions are difficult, especially in local jails. More than 500 prisoners die annually as a result of poor diet, sanitation, and medical care.

Serious human rights violations by rebel groups and the Uganda People's Defense Forces have been reported. The Ugandan Human Rights Commission (UHRC), for example, issued a report in 2003 noting an increase in torture by the state and stating that "about 1,277 people (soldiers, rebels and civilians) lost their lives between January and September 2002 due to Operation Iron Fist." The UHRC also criticized the army's "shoot to kill" operations, which it called illegal. In 2003, the cabinet proposed to merge the UHRC with the office of the Inspector General of Government (IGG). Groups such as the Uganda Law Society have opposed this, noting that the commission provides an important measure of transparency on the extent to which human rights are being respected.

Manipulation and exploitation of ethnic divisions pose a serious, continuing threat to peace in Uganda. Baganda people in the country's south continue to demand more recognition of their traditional kingdom. Northern ethnic groups complain of governmental neglect; that region especially is subject to continuing guerrilla activities.

Uganda has legislated quotas for women officials in all elected bodies from village councils to the national parliament. Almost 20 percent of Uganda's parliament is female. One-third of local council seats must, by law, go to women. Currently, however, there are no laws protecting women from domestic violence. A battered woman can only file a case based on assault, and often the police ignore the context and seriousness of the crime. Draft laws such as the Domestic Relations Bill, the Equal Opportunities Act, and the Sexual Offenses Act have been introduced in parliament, but they have not yet been voted upon. A recent study conducted by Johns Hopkins University shows that about one woman in three living in rural areas experiences verbal or physical threats from her partner.