Observatory for the Protection of Human Rights Defenders Annual Report 2006 - Uganda

Obstacles to freedom of association¹⁰⁵

On April 7, 2006, the Parliament adopted an "Act to provide for the registration of non-governmental organisations (NGOs), to provide for the monitoring of NGOs, to establish a Board for these purposes and for other connected matters", also known as the "Non-Governmental Organisations Registration Act" amending the NGOs Registration Statute No. 5 of 1989.

This act was initially introduced before the Parliament as Bill No. 33 in October 2001, but was regularly dismissed following significant protest by national NGOs and the international community.

Although changes were made to the proposed Bill No. 33, a number of provisions of these new regulations raise strong concern about possible obstacles to freedom of association and potential interference by the authorities with NGOs internal affairs. In addition, the bill was scrutinised by the Committee of Defence and Internal Affairs, with little consultation with civil society.

By the end of 2006, the NGO Registration (Amendment) Act was reported to have been signed into law by the President of the Republic, Mr. Museveni. Civil society, however, found it difficult to confirm this information, which illustrated a clear lack of transparency with regard to the enforcement and applicability of this law.

Enhanced administrative constraints on NGOs registration

The new Act establishes an additional administrative hurdle for the registration of NGOs. Whereas Statute No. 5 of 1989 already made it mandatory to obtain a registration certificate, the amended legislation provides that NGOs shall be granted an operating licence in addition to the certificate in order to carry out their activities. Section 3(a) thus stipulates that "no organisation shall operate in Uganda unless it has been duly registered (...) and has a valid permit". Besides, "the duration and form of this permit" shall be determined by the Minister of Internal Affairs (Section 9c).

Moreover, according to Section 3(d), "an organisation shall not be registered under this Act if the objectives of the organisation as specified in its constitution are in contravention with the law". Although the initial formulation of this Section, which referred to the "contravention of any government policy or plan, or public interest", was restricted in its latest version, it remains particularly vague and could allow the authorities to deny registration on grounds of "public order" or "national security".

Interference with NGOs activities

The reshaping of the composition of the NGOs National Board that is vested with granting registration certificates and valid permits (Section 3a) is a matter of further concern. Indeed, Section 5 provides that the Board shall be comprised of 13 members including three "members from the public", seven representatives of various ministries¹⁰⁶, one member from the office of the Prime Minister, one member from the Internal Security Organisation and one member from the External Security Organisation. Although the quality or function of the "members from the public" is not specified, the Minister of Internal Affairs, Mr. Ruhakana Rugunda, under the authority of whom the Board is placed, made it clear that these members would not be chosen amongst NGOs representatives. Indeed, the Minister argued during parliamentary debates that "[NGOs had] their internal politics" and could thus "turn the Board into a battle ground for their parochial interests".

The composition of the Board being primarily of members of the government, as well as the participation of two members of the security services are all the more problematic that its administrative powers have been significantly extended compared to those under the 1989 Registration Statute, which has been amended so as to include the "[monitoring of ] organisations carrying out their services at all levels of the Government" (Section 6c) as well as the "[elaboration of ] policy guidelines for community based organisations" (Section 6d).

Criminal sanctions against NGOs and their members

Finally, the NGOs Registration (Amendment) Act 2006 provides for criminal sanctions against NGOs and their members contravening the new legislation. Indeed, an organisation violating "any provisions of this Act, operating contrary to the conditions or directions specified in its permit, or carrying out any activity without a valid permit or certificate of incorporation commits an offence and is liable, on conviction, to a fine not exceeding 500, 000 shillings" (207 euros) (Section 2g). According to Section 8 (a), any director or officer of an organisation that "commits an offence under the Act" can be sentenced to a one-year term of imprisonment and/or a fine up to one million shillings (415 euros), or to six months' imprisonment and a 400,000 shillings fine (166 euros) if an NGO operates without a valid permit (Section 8b).

[Refworld note: This report as posted on the FIDH website (www.fidh.org) was in pdf format with country chapters run together by region. Footnote numbers have been retained here, so do not necessarily begin at 1.]

105. See Observatory Statement to the 40th ordinary session of the ACHPR, November 15-29, 2006, and Foundation for Human Rights Initiative (FHRI).

106. The Board shall be composed of representatives of the Ministries of: Internal Affairs; Justice and Constitutional Affairs; Local Governments; Health; Agriculture, Animal Industry and Fisheries; Gender and Social Development; Education and Sports.