Final Statement by Uganda Kutesa MFA at UPR2-2

REPUBLIC OF UGANDA
STATEMENT
BY
HON SAM K. KUTESA
MINISTER OF FOREIGN AFFAIRS
AT THE
WORKING GROUP OF UN HUMAN RIGHTS COUNCIL
3RD NOVEMBER 2016
GENEVA,
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Mr President
Excellencies,
Distinguished Delegates
Ladies and Gentlemen
Mr. President,
Uganda joins other delegations who have congratulated you upon your
election as President of the Working Group of the UN Human Rights
Council. I wish to assure of my delegations full support to your
presidency and to the successful outcome of the deliberations of the
Working Group.
Mr. President,
Two years ago, I was privileged to be elected President of the 69 th
session of the UN General Assembly. In that capacity, I was able to
interact first hand with many UN Bodies and affiliated organizations
including the UN Human Rights Council. From this interaction, it
became clear to me that no single country has a perfect human rights
record. These imperfections range from economic, social, and political
rights. Race, gender, religion and politics have been at the centre of
human rights abuses across the globe. The Universal Periodic Review
mechanism is unique in the sense that it is state-driven and offers
opportunity for the country under review to declare actions it has
taken to improve its human rights situation; share experiences and
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lessons with other states; and to identify challenges that require to be

addressed so that her people can enjoy their full human rights.
For Uganda we support the peer review process out of the commitment
to the promotion and protection of human rights drawing from our
bad experience and lessons from our past history of dictatorship.
We, therefore, do so not because of any undue pressure or wishes from
outside, but because we firmly believe that it is important for our
country and people. I am, therefore, here today to report on actions
Uganda has taken and progress achieved and will continue to make in
the enforcement of observance of human rights in our country.
Mr. President,
While the peer review process is a welcome development, we should
also continue to review ways and means to make it more participatory,
transparent, consultative and accountable including in the aspects of
reporting. For instance, we note that under the current procedure, the
Working Group receives and considers simultaneously three reports
submitted separately by the country under review, the UN High
Commissioner and the Civil Society Organizations (CSOs). However,
while the latter two reports also address issues concerning the
country under review, there is no clear mechanism or procedure of
consultation with the country reported on before their submission to
the Working Group. It is essential that such a mechanism is put in
place so that many of the issues that otherwise would be submitted to
the Working Group are addressed at the national level. This enhances
the credibility and ownership of reports submitted to the Working
Group.
Mr. President,
Regarding Ugandas second periodic review, Government involved
various stakeholders in this process; including Cabinet, Parliament
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and civil society organisations. The process was participatory and

consultative. It culminated into the national report which is before the
Working Group. The involvement of Cabinet and Parliament is
mandatory under our laws. This is what contributed to the slight
delay in the submission of our national report.
Mr. President,
Our national report has addressed issues related to status of
implementation of voluntary pledges and agreed recommendations
made under the first peer review; and provides a synopsis of key
developments in Uganda in the area of human rights since 2011.
On voluntary pledges made, Uganda has finalised a draft National
Action Plan (NAP) which is soon to be submitted to Cabinet for
approval. The NAP, once approved, will provide abroad policy
framework for the promotion and protection of human rights in the
country and for the implementation of our commitments under
various regional and international human rights instruments. Reports
prepared by Uganda Human Rights Commission (UHRC) and the
Equal Opportunities Commission (EOC) are annually submitted to
Parliament for review and recommendations made thereof,
implemented by Government and other relevant stakeholders.
Institutionally, the Parliamentary Committee on Human Rights is
playing an oversight role while the Cabinet Sub-Committee on Human
Rights is providing appropriate policy guidance. There is also in place
a Technical Committee to provide technical support to Cabinet; as well
as
human
rights
focal
points
in
each
Government
Ministry/Department/Agency to coordinate implementation.
Mr. President,
Various agreed recommendations from the first peer review, have been,
or are being implemented. The Prevention and Prohibition of Torture
Act enacted in 2012 domesticated the UN Convention Against Torture.
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Consultations are ongoing with respect to the policy and institutional

issues that require to be addressed in order for the Optional Protocol
to the UN Convention Against Torture to be ratified.
Under the Justice, Law and Order Sector, the Uganda Police Force,
Uganda Peoples Defense Forces and the Uganda Prisons Service each
has established a Directorate of Human Rights to handle human
rights issues, including complaints from the public against any of
their respective serving officers. These Directorates are also
responsible for building in-house human rights capacity; and
ensuring strict adherence to Ugandas regional and international
human rights obligations and standards.
The Judiciary has introduced plea-bargaining and improved access to
legal aid services as components of the criminal justice system. A
mandatory alternative dispute resolution system is being used to
expedite the resolution of civil disputes. Judicial staff have also been
increased to reduce case backlog; performance targets set for them;
and new juridical areas created throughout the country. The
Constitution (Sentencing Guidelines for Courts of Judicature
(Practice)) Directions, 2013 have been adopted to be applied by Court
in sentencing.
The independence of the key governance institutions has also been

strengthened. For instance, under Article 23(6)(a) of the Constitution
Courts are empowered to release, on bail, persons arrested for
committing criminal offences. The Uganda Human Rights
Commission, under Article 54 of the Constitution, can independently
investigate any human rights violations and where confirmed
recommend that the Director of Public Prosecution takes appropriate
action. The President, under Article 60(1) of the Constitution, is
empowered to nominate Commissioners of the Electoral Commission
for approval by Parliament. During vetting of nominees by Parliament,
any member of the public, political party, or civil society can freely
provide information against any nominee.
Mr. President,
Our Constitution guarantees rights of freedom of assembly,
association and expression. Government has continued to advocate for
a strong, vibrant and responsible free press; for freedom of speech;
and broad participation.
Our people are continuously being
sensitized to understand and appreciate that in enjoying their rights,
every person is under obligation to act in accordance with the law.
The NGO and CSO organisations have continued to play an
increasingly greater role in our society. It is, therefore, crucial that
their operations are transparent and streamlined; and that they
exhibit a high degree of accountability including to the people who are
the beneficiaries. The NGOs Act 2015 was enacted to address these
concerns; and to ensure that these organisations at all times, operate
in full accordance with their respective mandates. It is also important
to stress that a majority of the provisions of this Act (about 80%)
reflect views submitted by NGOs. Further, the Act also provides for
representation of NGOs at various levels of decision-making e.g. at the
National NGOs Board (two out of seven members); the District NGOs
Working Committees and local community level.
It has adequate
mechanisms for redress as necessary.
Mr. President,
On the human rights situation since the first peer review, Uganda
adopted the Second National Development Plan (2015/16 - 2019/20);
as a development framework for the next five years. The Plan was
prepared guided by the principle of rights based approach to
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development. It is, therefore, a major policy tool integrating human

rights and development issues.
In this regard, any external
development support to our country must be aligned to our National
Development Plan.
Mr. President,
Uganda held Presidential, General Parliamentary and Local
Government Council Elections in February 2016. Despite some few
administrative challenges experienced at the start, but expeditiously
addressed immediately later, overall those elections were held in free
and fair atmosphere; and their outcome reflected the free will of the
majority of our people. Government noted a petition filed at the
Supreme Court of Uganda regarding those elections. Government is
committed to ensuring that the relevant recommendations made by
the Supreme Court, together with other proposals to be made by our
people on constitutional reforms, will be handled by a constitutional
review commission, that will be established. It is important to
underscore that it will be up to our people to decide what reforms they
want to have. This is in line with our Constitution that explicitly
provides for their sovereignty.
Government also noted recommendations made by various election
observers on some aspects of the elections. Government reiterates her
commitment to implement those recommendations which, in our
opinion, can contribute to the advancement of democracy in Uganda.
Mr. President,
I thank you for attention.

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REPUBLIC OF UGANDA

[Please check against delivery]

lessons with other states; and to identify challenges that require to be

and civil society organisations. The process was participatory and

Consultations are ongoing with respect to the policy and institutional

The independence of the key governance institutions has also been

development. It is, therefore, a major policy tool integrating human

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