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

[12] Interview with Advocate G.M; Pace Advocates

[13] MC.14/2024

[18] As provided for under Article 23 of the Constitution of Uganda 1995

Comments

Popular posts from this blog

Can we have better services beyond the Summits?

THOSE WITH VITZ, DON’T GET ANNOYED, FIGHT CORRUPTION!

We need a robust framework to curb acid violence in Uganda