Uganda
Uganda
International Treaties
1. Rome Statute of the International Criminal Court, 2002.
https://www.icc-cpi.int/nr/rdonlyres/ea9aeff7-5752-4f84-be94-0a655eb30e16 /0/rome_statute_english.pdf
2. CRC and Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict, 2002.
https://childrenandarmedconflict.un.org/tools-for-action/optional-protocol/
3. UN Convention on the Rights of the Child 1990.
https://www.ohchr.org/Documents/ProfessionalInterest/crc.pdf
4. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, 1987.
https://www.ohchr.org/Documents/ProfessionalInterest/cat.pdf
Regional Treaties
1. The Declaration of the Heads of States and Governments of the Member States of the International Conference on the Great Lakes on Sexual and Gender-based Violence, 2011.
http://www.childrightsforum.org/files/Munyonyo%20Declaration%20on%20SGBV%202011.pdf.
2. African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa “Kampala Convention”, 2009.
3. The Protocol on the Prevention and Suppression of Sexual Violence Against Women and Children of the International Conference on the Great Lakes Region, 2006.
http://www.peaceau.org/uploads/final-protocol.sexual-violence-en-rev-2.pdf
4. African Charter on Human and People’s Rights, 1986.
http://www.achpr.org/files/instruments/achpr/banjul_charter.pdf.
Domestic Law
1. Children Act, Amended 2016.
https://ulii.org/system/files/legislation/act/2015/2016/Children%20%28Amendment %29%20Act%202016.pdf
2. The Anti-Homosexuality Act, 2014.
https://ulii.org/ug/legislation/act/2015/2014
3. Domestic Violence Act, 2010.
https://ulii.org/ug/legislation/act/2015/2010
4. Prevention in Trafficking Person Act, 2009.
5. The Penal Code Act of Uganda, 1950.
Case Law
1. Ntambala vs Uganda
Case Citation: CRIMINAL APPEAL NO. 34 OF 2015 [2018] UGSC 1
Charges: indicted for Aggravated Defilement contrary to section 129(1) of the Penal Code Act.
Status: confirmed on appeal
Sentence: 14 years imprisonment
2. Uganda Vs. Akute Stephen alias Ouma
Case Citation: Crim. Case No. 03 [2008] UGHC 146
Charges: charged with Rape contrary to sections 123 and 124 of the penal code Act
Status: The High Court of Uganda finds the accused guilty of Rape contrary to sections 123 and 124 of the Penal code Act.
Sentence: seven years imprisonment
3. Sewanyana Livingstone Vs. Uganda
Case Citation: Crim. Appeal No. 19 Of 2006 [2010] UGSC 16
Charges: Count 1 defilement, contrary to section 129(1) of the Penal Code Act and on Count 2, for incest, contrary to section 149 (1) of the Penal Code Act
Status: confirmed on appeal
Sentence: 18 years imprisonment on count 1, 19 years on count 2. Both sentences were to run concurrently.
https://ulii.org/ug/judgment/supreme-court/2010/16
4. Uganda v. Ekyorinkwasa Deus
Case Citation: Case No. HCT-05-CR-SC-0074 of 2003, [2003] UGHC 20
Charges: Rape, contrary to section 117 and 118 of the Penal Code Act
Status: The assessors in their joint opinion find no proof of sexual intercourse. They advised the judge to convict of a lesser offence. Given the evidence of PW1 and PW2 showing the accused threw the complainant on the ground and lay on her on a footpath, the judge found the accused guilty of the indecent assault, contrary to section 122 (1) of the Penal Code Act and convict him accordingly.
Sentence: unknown
http://www.ulii.org/ug/judgment/high-court/2003/20
5. Basoga Patrick vs. Uganda, Criminal Appeal No. 42, 2002.
http://kampalalawmonthly.com/rule-corroboration-sexual-offences-overruled-supreme-court/
6. Private Wepukhulu Nyunguli vs Uganda, DISSENTING JUDGMENT OF MULENGA JSC.
Case Citation: Criminal Appeal No. 21 of 2001 [2003] UGSC 12
Charges: Defilement
Status: Justice Mulenga did not sign the judgment of the Court. He disagreed with the Court’s decision on the first ground of appeal, specifically on the finding that the ingredient of “penetration”, in the charge of defilement, was proved “without doubt”. On that basis, He is of the view that an essential ingredient of the offence was not proved beyond reasonable doubt. The facts that were proved beyond reasonable doubt, however, constitute the offence of indecent assault. The appellant ought to have been convicted of the latter offence.
https://ulii.org/ug/judgment/supreme-court/2003/12
7. Habyarimana Ronard v Uganda
Case Citation: Cr. Appeal No.68 Of 1998 [1999] UGCA 23
Charges: Defilement contrary to Section 123 (1) of the Penal Code Act
Status: The appellant was convicted of Defilement contrary to Section 123 (1) of the Penal Code Act. The Court of Appeal upheld the conviction and sentence imposed by the lower court.
Sentence: 9 years of imprisonment
8. Katumba James versus Uganda Criminal Appeal 58, 1997.
https://ulii.org/system/files/judgment/supreme-court-uganda/2000/5/supreme-court-uganda- 2000-5.pdf
9. Francis Jendo Vs UGANDA CRIM APPEAL 3, 1997.
10. Badru Mwidu v. Uganda, HCB at 11, 1994-1995.
11. Uganda Vs Odwong Dennis and Olanya Dickson, HCB 71, 1992-1993.
12. Joseph Kiiza & Anor. V. Uganda, HCN 268, 1978.
https://ulii.org/ug/judgment/court-appeal-uganda/1978/14
13. DPP versus Morgan & 3 Others, AC 182, 1976.
14. George Bangirana VS. Uganda, HCB 361, 1975.
15. Chila & 1 Vs R. EA 722, 1967.
16. Kibazo versus Uganda (1965), E.A 507 (the Court of Appeal for East Africa).
https://ulii.org/ug/judgment/hc-criminal-division-uganda/2018/217
Reports of the United Nations
1. 2016 UN Uganda Country Results Report.
http://ug.one.un.org/sites/default/files/documen/Uganda%20UNDAF%20Report%202016.pdf
2. Global Database on Violence against Women.
https://evaw-global-database.unwomen.org/en/countries/africa/uganda
Reports of other International/Regional Organisations
1. Uganda Violence Against Children Survey Findings from a National Survey, Ministry of Gender, Labour and sociaL development, August, 2018.
https://www.unicef.org/uganda/media/2156/file/Violence%20Against%20Children%20Survey%202018.pdf
2. Gender-Based Violence Prevention and Response: Key Risks Facing Urban Refugees in Kampala Summary Report, Wome’s Refugee Commission , Refugee Law Project, December 2015
Books/Articles /Documents/ Research Papers / Workshops / Publications
1. Philipp Schulz, Examining Male Wartime Rape Survivors’ Perspectives on Justice in Northern Uganda, Sage Journals, January 6, 2019
https://journals.sagepub.com/doi/abs/10.1177/0964663918822158
2. Philipp Schulz, Displacement from gendered personhood: sexual violence and masculinities in northern Uganda, International Affairs, Volume 94, Issue 5, September 2018
https://academic.oup.com/ia/article-abstract/94/5/1101/5092094
3. UNHCR, 5-Year Interagency SGBV Strategy Unganda, 2016-2020
https://data2.unhcr.org/en/documents/download/63274
4. Promoting Accountability For Conflict – Related SExual Violence Against Men : A Comparative Legal Analysis of International And Domestic Laws Relating to IPD and Refugee Men in Uganda, Refugee Law Project , Working Paper No. 24 July 2013.
https://www.law.berkeley.edu/wp-content/uploads/2015/04/SSRN-id2758940.pdf
5. Lino Owor Ogora, Sexual Violence against Men and Boys and its Relevance to the Trial of Dominic, International Justice Monitor, April 24, 2018
6. Zoe Gillard, Dr Philipp Schulz, Male survivors are not ’emasculated’ but experience ‘displacement from gendered personhood’, LSE, October 26th, 2018
7. Sophia Ugwu, Men and Boys as Hidden Victims of Sexual Violence, Peace Palace Library, Centre For African Justice, Peace and Human Rights, July 5, 2018
https://www.peacepalacelibrary.nl/2018/07/men-and-boys-as-hidden-victims-of-sexual-violence/
8. Preventing and Responding to Gender-Based Violence: Expressions and Strategies, SIDA , 2015
9. Veronique Barbelet, Male gender-based violence: a silent crisis, odi, 23 June 2014
https://www.odi.org/blogs/8502-male-gender-based-violence-silent-crisis
10. Kristina Lažauninkaitė, Victims of sexual violence affected by the Lord’s Resistance Army conflict: addressing sexual violence within Ugandan national law and the International Criminal Court (ICC), ANR: 31957, Law School Tilburg University, June 2016
Website
1. Meg McMahon, BL to Justice for Male Victims of Sexual Violence; Focus on Refugees in Uganda, Legal Aid Board