Suppression of the Freedom to Protest in Uganda Exhibits Hobbling Democracy
By Michael Aboneka Jr
The rights to freedom of
association, peaceful assembly, and expression are recognized in various legal
instruments including the International Covenant on Civil and Political Rights,
the African Charter, the Africa Democracy Charter, and the Ugandan Constitution.
The responsibility of Uganda is to protect, promote, and abstain from violating
the above rights. The African Commission on Human and Peoples’ Rights has
developed international standards, including 10 general principles that apply
before, during, and after a protest which every actor must pay attention to.
These include, among others, protecting protesters, holding perpetrators
accountable, respecting constitutional bodies, denouncing violence,
investigating human rights violations, denouncing the closure of public spaces
and facilities, and promoting dialogue. Uganda must examine itself against the
above standards if it is to claim a high score in protecting and promoting the
freedom to protest.
Uganda’s record of allowing peaceful
protests and demonstrations is not a good one, it keeps declining which is bad
for democracy. According to the Freedom House Global Freedom Index 2024, Uganda
is categorized as not free scoring 34/100 and one of the major reasons is
suppressing the freedom of expression and protest. Protests are a form of
expression, a citizen has the right to express their dissatisfaction or
otherwise without any restrictions or fear of retribution even though they must
do so within the parameters of the established laws. The Constitutional Court
has pointed out that a police officer cannot stop an ongoing meeting and
neither does one need police’s permission to hold a peaceful assembly or
protest. Despite this, some overzealous officers still insist on permission in
the guise of a notice. Even when the law prescribes a notice for a public
meeting, the police will still foil a one-person peaceful protest in the name
of failure to notify them (even when the one-person protest is not a public
meeting by definition under the Public Order and Management Act).
The curtailment of the freedom to
protest in Uganda is a direct attack on the country’s democratic principles.
The government's use of restrictive laws, violent repression, and the silencing
of dissenting voices undermines the very essence of democracy—an inclusive and
participatory system of governance. The repression of protests limits citizens'
ability to hold their government accountable, stifles political competition,
and contributes to an atmosphere of fear and uncertainty.
The continuous clamp down on
peaceful protesters, such as the #March2Parliament series of peaceful protests
against corruption, bad roads, the trial of civilians in military courts,
deforestation, and EACOP among others is a violation of the freedom to protest.
I have not yet seen any successful peaceful protests save those organized by
the regime apologists. Regardless of what side of political class or color one
belongs, the right to freedom of protest is available and the state is enjoined
to protect all protesters and desist from any violent and non-violent arrests
or stopping of the same. As we head towards the 2026 elections, we should allow
more space for expression including the freedom to protest and assembly.
Ugandans must enjoy their freedoms if indeed Uganda is democratic.
For Uganda to strengthen its
democracy, it must protect and promote the rights of its citizens to protest
peacefully and engage in political discourse without fear of reprisal. This
requires maximum respect for law and the reign of the rule of law and ensuring
that every perpetrator of violence is brought to justice. Until these changes
are made, Uganda will continue to face the challenges of democratic erosion,
with its citizens unable to freely express their grievances and demand the change
they deserve.
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