Uganda’s Ongoing Enforced Disappearances is a threat to Human Rights
By Michael Aboneka
Uganda is State Party to the International
Convention for the Protection of All Persons from Enforced Disappearance since April
2022. The Convention makes it explicit that there is no exception whatsoever to
justify any enforced disappearance and that states have an obligation to investigate
and bring those involved to justice. Chapter four of the Constitutional of
Uganda provides for civil liberties including freedom of liberty under Article
23 and freedom from torture, cruel and inhuman or degrading treatment under article
24 and these are non-derogable rights under article 44.
Since 2020, there is growing concern of
enforced disappearances of persons especially those that are critical of the
regime or belong to the opposition party. There have been numerous reports of
the disappearances of Ugandans especially those belonging or supporting the
young and vibrant opposition party; the National Unity Platform (NUP) led by
Bobi Wine. In 2021, Bobi Wine released a list of 423 NUPs’ supporters persons who
were kidnapped while the Minister of Internal Affairs only accounted for 89
persons.[1] In
2023, the NUP further reported 25[2] of
their supporters missing to the Uganda Human Rights Commission. The nature of
the disappearances has been arbitrary arrests and kidnaps, most commonly by use
of mini-vans commonly referred to as “drones”
by unknown gun men around Kampala and other parts of the country. According to
a story published by BBC, Kavuma Jamushid, a bouncer and close associate of
opposition leader Bobi Wine says he was taken away in November 2022 in a drone.[3]
Kakwenza Rukirabashaija, a writer and
human rights activist was brutally kidnapped in a drone and later abandoned in
an illegal detention and tortured.[4] The common trend of these brutal arrests is the manner of kidnaps-gun
wielding masked men who bundle their prey in a waiting numberless (without
number/license plate) service van-the drone
and the acts of torture that happen
inside the car. According to the National Unity
Platform (NUP), the main opposition party in Uganda, over 200 persons have been
abducted and their whereabouts are unknown.[5]
The Leader of Opposition tabled a
list[6] of
52 missing/kidnapped Ugandans on the floor of government challenging the
Minister for security and internal affairs to produce the missing persons. The
Uganda Human Rights Commission acknowledged that NUP submitted to them a list
of 30 missing persons.[7] The
Government, through the Prime Minister, first responded that they had the
missing persons and that they know where they are. When the Minister came to
the floor of Parliament, he refuted the claims indicating that the government
does not have the missing persons. In a statement issued and presented on the
floor of Parliament by government[8] in
response, the minister dismissed claims as baseless and pointing to the fact that
there was no evidence of the same and this was just a creature by the
opposition for political scoring.
The Leader of opposition made a
rejoinder to the government’s statement stating clearly who had been kidnapped
and the efforts that were taken including reporting the matter to police and
also filing complaints to the Uganda Human Rights Commission. The Uganda Human
Rights Commission indeed acknowledged that they received the complaints and
that they asked the NUP to furnish them with more details concerning the
missing persons. The commission went ahead to carry on their own investigations
on the same matter.[9]
However, in the turn of the events, the UHC has indicated that the opposition
is fabricating stories and for their own political gain, this left many puzzled
on how the body responsible to ensure promotion of the rights and freedoms of
persons is now seemingly abrogating its duty.
Of recent, the head of Bobi Wine’s
security, commonly known as Eddie Mutwe was abducted on 26 April 2025 and after
continuous search, the Commander of Defence Forces (CDF) confirmed through his verified
X handle @mkainerugaba that he indeed
had Eddie in his custody in the basement. General Muhoozi Kainerugaba, who is this son to the president while responding
to Bobi Wine went on to state that, “He is in my basement. Learning Runyankore,
You are next!...“I have captured NUP’s Military commander like a grasshopper
(Nsenene). If they keep on provoking us, we shall discipline them even more.”
The General goes on and on to brag about how he is torturing Eddie unabated. No
one, including his father, the commander in chief has condemned this abduction
and torture. Lawyers, under their alliance, Rule of Law on 2 May 2025 wrote a
letter to the Uganda Human Rights Commission calling it to exercise its power
and reign in.[10] indeed, the Commission in
what seems unprecedented issued a release order[11] on
the same day against the Chief of Defence Forces to which the same has been
ignored. This is just one of the many scenarios that Ugandans have to deal with
on a daily basis.
The families of the missing persons
together with the NUP continue to demand for the release of their people, but
in vain. The NUP legal team, Pace Advocates filed 18 applications for Habeas
Corpus against the state agencies and 7 habeas corpus orders were issued of
which none was honored.[12] The
families have since not had the 18 missing persons released and because of
this, their legal team has filed a new application[13]
in the High Court of Uganda for unconditional release of the 18 persons who are
believed to be held by the state in illegal detentions without any charge
neither trial.[14]
The UN Committee against Torture (CAT) while in its
sitting in November 2023 noted with concern the issue of torture in ungazzetted
places[15] in
Uganda and made tough recommendations for the government of Uganda to ensure
that Uganda addresses the issue of torture and illegal detentions. Further, the
Human Rights Watch published a report on unlawful detention and abuse in
unauthorized places of detention in Uganda[16] to
which they noted that “security forces
arbitrarily arrested and forcibly disappeared critics of the government,
opposition leaders and supporters, and alleged protesters.” The Human
Rights Watch notes that the report was presented personally to the President of
Uganda who pledged to hold the perpetrators accountable[17] though
much is desired to see if this will be actually be done.
The Ugandan Government is liable under international
law for the enforced disappearances of persons especially where its officers publicly
acknowledge being responsible for the abductions and the government must stake steps
in prosecuting the chief of defence forces together with his accomplices.
The government must take steps to ensure that first
of all, no person is arbitrarily arrested and that whoever violates the
constitutional method of arrest[18]
should face the law. There have been many court orders for release of individuals
believed to be in the hands of the state and these continue to be defied by the
state agencies with reckless abandon.
The President should prevail over his security
agencies and other lawless individuals who are engaging in the kidnapping of
persons in Uganda, for he has this authority as commander in chief under
Article 98 of the Constitution of the republic of Uganda.
*Michael Aboneka is an Advocate of Courts of Judicature of Uganda. He is a human
rights and constitutional attorney, researcher, governance, and constitution-building
expert. He is a PhD (LLD) Candidate at
the University of Pretoria. He possesses a Master’s degree in Law (LLM) in
Human Rights and Democratization in Africa from the University of Pretoria,
South Africa. He is a contributing author to the AfricLaw (University of Pretoria) and
Africa Law Matters (University of Johannesburg). He is a Member
of the Network of Public Interest Lawyers, East Africa Law Society, the
Pan-African Lawyers Union, the African Society of International Law, the
International Society of Public Law, & the World Youth Alliance. abonekajunior@gmail.com
[5]
NUP Secretary General Lewis Rubongoya in an X Space organized by the NUP on May
4 2025.
[9]
Ibid
[10] https://www.linkedin.com/posts/michael-aboneka-8a821569_demand-letter-on-the-illegal-abduction-of-ugcPost-7324034501884497920-GI4B
[12]
Interview with Advocate G.M; Pace Advocates
[13]
MC.14/2024
[14] https://www.monitor.co.ug/uganda/news/national/families-ask-court-to-declare-detention-of-missing-nup-supporters-illegal-4508402
[15] https://www.omct.org/en/resources/reports/uganda-increase-in-torture-cases-despite-a-strong-legal-framework-2
[16] https://www.hrw.org/report/2022/03/22/i-only-need-justice/unlawful-detention-and-abuse-unauthorized-places-detention
[18]
As provided for under Article 23 of the Constitution of Uganda 1995
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