Butterflies are plentiful in Uganda. In both Kampala and the countryside I was surprised to see so many fluttering about in various colors and patterns. In the US, I often have to go to a tightly enclosed conservatory to see the magnificent creatures, but in Uganda, they were free to roam. Like butterflies, Uganda is vibrant, diverse, and beautiful. There is one glaring contrast though, while the flying insects are boundless, Uganda and its people are restricted. The patriarchy subjugates women, people living with HIV/AIDS suffer from stigma and discrimination, and the government limits human rights defenders (HRDs) from fulfilling their natural roles in society. Uganda’s Non-governmental Organisations Act of 2016 (NGO Act) and The Public Order and Management Act of 2013 (POMA), among other legal barriers, obstruct HRDs from helping to meet the country’s many admirable commitments.
In January, the SAIS International Human Rights Clinic team met with representatives of several civil society organizations working on HIV/AIDS-related issues in Uganda. These human rights defenders were all key actors in the fight against the virus. As a whole, civil society is providing critical legal aid and healthcare services, as well as education and sensitization programs to prevent HIV, to access HIV testing and treatment, and to destigmatize a positive status. Moreover, through research, policy advocacy, and litigation, civil society works to ensure the rights of those living with HIV along with establishing the necessary framework for prevention and ultimately cessation of the epidemic. However, recent legislation is not on the side of advocates.
The POMA places overly broad restrictions to the right to peaceful assembly guaranteed at a domestic, regional, and international level. This act deprives civil society of impactful advocacy tools. One advocate reported that the POMA reduced demonstrations because organizers were concerned about personal liability. Another advocate felt the need to self-censor out of fear of repercussions. When the law forces advocates to self-censor and deprives them of impactful tools, how far can their voices be carried?
Likewise, the NGO Act places unlawful restrictions on the rights to free speech and association. The Act creates burdensome barriers to entry for NGOs, restricts their activities, and empowers the National Bureau for NGOs with broad discretion to deny registrations. One advocate noted how the act limits NGOs access to communities, as well as foreign resources. The government can and has used the NGO Bureau to harass organizations. These restrictions further chill free speech and the activities of civil society.
The de jure and de facto crackdown on civil society projects weakness from the Museveni regime. Remaining in power at all costs has a price both to Uganda and the historical legacy of the President. A legacy built on promoting an open and free society that can tackle major issues, like putting an end to HIV/AIDS, would be more respected than one based on repression. President Museveni should encourage rolling back overly broad and restrictive articles and to inspire the future that Ugandans deserve.
Recognizing the interdependence of human rights, and in particular, the role that gender equality and nondiscrimination play in curtailing HIV/AIDS, Uganda needs a holistic approach that includes the open participation of civil society to reach Target 3.3 of Sustainable Development Goal (SDG) 3 to end HIV/AIDS by 2030. Success requires watchdogs and advocates who understand the affected population and the impact of policies on the ground. Ensuring that human rights defenders have the necessary space and protection is indispensable to achieving the shared goal of ending the epidemic.
