Uganda continues to wrestle with alarmingly high rates of sexual abuse, particularly against young girls. Recent statistics indicate a sharp rise in reported cases, with countless more going unreported due to fear, stigma, and lack of access to justice. The case of a 14-year-old girl allegedly abused by her stepfather highlights the urgent need for a collective response to SGBV.
In response, Center for Health, Human Rights and Development (CEHURD), the Islamic Women’s Initiative for Justice, Law & Peace (IWILAP), the Muslim Women Lawyers Alliance (MWOLA), the Muslim Female Lawyers Network on Abortion, and the Uganda Association of Women Lawyers (FIDA-Uganda), convened a press conference to address this incident on Tuesday, 15th October 2024, to offer solidarity and support to the survivor and her family. The coalition is committed to ensuring that the survivor’s voice is amplified and her rights upheld.
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One of the major challenges brought about by the Covid-19 pandemic is an increase in sexual and gender-based violence, which widely affects mostly girls and women. Before the pandemic, UN Women reported that 1 in 3 women had experienced physical and sexual violence. This number is expected to be higher now, and the research will show the extent. It is therefore not surprising that one of the key commitments from the Generation Equality Forum is bringing an end to gender-based violence.
This study report is one of many approaches CEHURD is taking to see this commitment to fruition. The findings should inform interventions in ending gender-based violence and upholding the rights of those who have been most affected by it, that is women and girls.
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This morning, we received a positive ruling in Constitutional Application No. 26 of 2018;
Brief Background
In 2018, CEHURD, Nnamala Mary & Kakeeto Simon filed Consitutional Application No. 26 of 2018 against the Attorney General seeking an order from Court to redact the identity of the deponents to affidavits sharing experiences of sexual violence by using initials of their names instead of the full names for purposes of the SGBV Petition. This application was intended to protect the survivors of sexual violence from stigma associated with sexual violence among other reasons.
This application arose from the SGBV Petition – CEHURD, Nnamala Mary & Kakeeto Simon V. Attorney General Constitutional Petition No. 29 of 2018 which was filed challenging the inconsistencies in some Sections of the Penal Code Act in so far as they provide different punishments for female survivors of sexual violence and the omission of government to put in place shelters to provide psychosocial support to survivors of sexual violence.
Hearing of the matter
The application came up for hearing in October 2022 and we presented our arguments before Court and the Attorney General did not object to our application. After the hearing, the matter was adjourned for ruling on the notice.
The Ruling
This morning, we received a positive ruling from Court. The Court allowed our application for redaction of the names of the survivors of violence and provided guidance on how it should be done.
Please find attached the Ruling for your reference.
Men charged with rape are liable to suffer a maximum penalty of death whereas the law provides for the offense of ‘defilement’ for persons between the ages of 14-17 and sexual offenders against girls of that category are only given a few years of a jail term. This difference in penalties towards perpetrators who commit the same offense is unjust and offends the principle of equality and non-discrimination before the law. It also has an effect of increasing sexual violence against girls in that particular age group.
