Non-government Organisation Law Restricts Powers of Civil Society in Uganda

In April 2006 the Uganda Parliament passed the NGO Registration Amendment Bill, 2001 into law. The law has serious implications for the operation of non-government organisations in Uganda, both in terms of human rights and administration and, if actively implemented by the state, then non-government organisations in Uganda - and their employees - will be the victims of a repressive law and regime.

The law was passed at a time when non-government organisations working in various fields were becoming more aggressive in demanding accountability and engaging in civic education, election monitoring and human rights reporting and documentation. When a critical view of these developments is taken and development of the civil society movement in Uganda examined, the conclusion is that the state is afraid of the growth of civil society and the immense power and hold it is beginning to wield over the lives of the people whom it serves.

Constitutionalism and the rule of law dictate that each law in Uganda be guided by the Constitution of the Republic of Uganda, which is the supreme law of the land. The Constitution [Article 290 (e)] guarantees every person the right to freedom of association, which includes the right to join and form civic organisations. The Constitution also expressly provides that “every Ugandan has the right to participate in peaceful activities to influence the policies of government through civic organisations.”

Further to this, the Constitution states categorically that “civic organisations shall retain their autonomy in pursuit of their declared objectives,” [Principle II (iv) of the National Objectives and Directive Principles of State Policy] and, that “the state shall guarantee and respect the independence of non-governmental organisations which protect and promote human rights” [Principle V (ii)]. The newly enacted legislation not only lacks all these rights and freedoms but also undermines them.

The Act contravenes Article 22 of the International Covenant on Civil and Political Rights (ICCPR). Article 22 guarantees every person the right to freedom of association. No restrictions may be imposed on the exercise of this right, other than those that are prescribed in international human rights law. Uganda is a party to both the ICCPR and the African Charter on Human and Peoples’ Rights and is therefore committed to protect and promote the enjoyment of all rights contained in the ICCPR and African Charter.

The salient features of the Act fall far short of fundamental legislative principles, such as partnership, mutual recognition and dialogue, which should inform civil society legislation. It is contended that the retrogressive nature of the law is inconsistent with the autonomy of civic organisation and the constitutional guarantees of freedom and liberty embedded under the 1995 Constitution. Another challenging feature is the nature of the restrictions imposed by the Act, which are grossly inconsistent with Uganda’s commitments under the Treaty Establishing the East African Community (EAC) and as such will impact negatively on the current efforts to fast track the East African Political Federation.

Adding to the draconian features of the Act , it makes it an offense for an organisation to operate without having registered or for operating after its permit has expired. In addition, the individual officers or directors of the organisations who are held responsible for the commission of these offenses are also liable and would suffer terms of imprisonment or fines as the case may be. These provisions ignore standard company practice where officers or directors of a company are protected under the “corporate veil” and the veil can only be lifted in exceptional circumstances (such as cases of fraud).

The Act has come under fire, not only from within but also from outside bodies, that have asked the Government of Uganda to consider withdrawing the law. Even though it has been made into a law, civil society still needs to be on its guard and watchful so that the law - while still being dangerous – is not misused to prevent non-government organisations from operating.