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2009 Assessment

Uganda: Integrity Indicators Scorecard

Uganda: Integrity Scorecard Report > Sub-Category: Law Enforcement
Indicators   Score
83 Is the law enforcement agency (i.e. the police) effective? 8
84 Can law enforcement officials be held accountable for their actions? 71

Indicator and sub-Indicator Details

83 Is the law enforcement agency (i.e. the police) effective?
 
  83a: In practice, appointments to the law enforcement agency (or agencies) are made according to professional criteria.
 
Score: 100  75  50  25  0  score
  Comments: Appointment of the Inspector General of Police and deputy is made according to a professional criteria by the president and is approved by Parliament.

However, there have been complaints of tribalism and nepotism in the appointment of lower level police officers. The last recruitment of 350 cadet assistant superintendents of police (CASP) in 2007 raised a lot of controversy as according to media reports, about 37 percent, or 130 of the 350 recruited officers, were alleged to have come from the same region of Western Uganda. (This was the last recruitment to the force after which a ban on recruitment was placed).

References: The Weekly Observer, August 2007

Peer Review Comments: There are complaints that the top security positions come from one ethnic group. The appointment of the Inspector General of Police is not made according to professional criteria. This has a tendency to demoralize career policemen.

Peer Review Comments: Appointments are usually based on professional qualifications. However, party loyalties may be considered in making appointments to senior positions.

  83b: In practice, the law enforcement agency (or agencies) has a budget sufficient to carry out its mandate.
 
Score: 100  75  50  25  0  score
  Comments: The police is one of the most under-funded units. This has constrained investigations, leading to poor pay, poor and insufficient living standards and houses with more than two families sharing one housing unit in the police barracks, while others are living in houses that should have been condemned years ago.

References: The New Vision, Aug. 11, 2009 (Decent Accommodation Will Improve the Police)

Peer Review Comments: The police are poorly motivated and often fall to the temptation of corruption.

Peer Review Comments: None of the security agencies receive adequate funds. Police are at the bottom of the pile.

Peer Review Comments: The police has a limited budget, but it is regularly funded from the national budget.

  83c: In practice, the law enforcement agency is protected from political interference.
 
Score: 100  75  50  25  0  score
  Comments: The increased militarization of the Ugandan police force in both appointment of senior officers and the creation of militaristic units as the Rapid Response Unit (formerly known as the Violent Crimes Crack Unit, the Black Mamba, the Joint Anti-Terrorist Task Force), have deprived the police of its independence.

Due to this, it has engaged in acts that can be interpreted as partisan in favor of the NRM such as stopping legitimate political activities guaranteed under Article 221 of the Constitution. As described in the Daily Monitor editorial on July 19, 2009, "The police are increasingly being mistaken to be the armed wing of the ruling NRM government."

References: Human Rights Watch, January 2008 Uganda Human Rights Network (HURINET) Daily Monitor, July 19, 2009

Peer Review Comments: The police no longer do policing but are military in nature, and the military represents the ruling parties' interests within the police.

Peer Review Comments: There is constant political interference in police work. The Inspector General is a soldier with an ear to the president. There are a couple of paramilitary outfits that have been formed to work around the police. They do not have the proper training and their operations are not police-like, but their actions are sometimes attributed to the regular police.

84 Can law enforcement officials be held accountable for their actions?
 
  84a: In law, there is an independent mechanism for citizens to complain about police action.
 
Score: YES  NO score
  Comments: The Uganda Police Force established the Professional Standards Unit to handle complaints from the general public concerning the "misconduct" of police personnel and their misconduct. The police force has further set up a complaints line (+256-0414 - 340611) where citizens can report complaints. The police also established a Police Human Rights Desk.

References: Article 70 (1) of the Uganda Police Act, 1994. A person is entitled, without prejudice to any other legal means of redress available to him or her, to make a written complaint as to any instance of bribery, corruption, oppression or intimidation by a police officer; any neglect or non-performance of his or her duties by a police officer; any other misconduct by a police officer.

A complaint made under subsection (1)(a) shall be addressed to the most senior police officer in charge of the district or unit to which the police officer against whom the complaint is made is stationed or to the inspector general.

Peer Review Comments: There are the Police Professional Standards Unit and the Human Rights Desk. It is good that they were established, but the issue to consider is how first they handle the citizens' complaints in the midst of budgetary constraints.

  84b: In practice, the independent law enforcement complaint reporting mechanism responds to citizen's complaints within a reasonable time period.
 
Score: 100  75  50  25  0  score
  Comments: The Professional Standards Unit and the Human Rights Desk handle complaints from the general public concerning the "misconduct" of police personnel and their misconduct.

The police force has further set up a complaints line (+256-0414 - 340611) where citizens can report complaints.

However, these are still performing below expectations despite a few progress made. Some examples include the Police Professional Standards Unit (PPSU) arresting 17 traffic police officers in Kampala for accepting bribes from motorists (The Monitor, May 9, 2008). The PPSU also uncovered 909 cases of alleged police misconduct and completed investigations into just over half of them by June 2008.

The challenge is, however, that the complaint mechanisms are located in Kampala and may not be easily accessible to those in other regions.

The desk is not adequately staffed or resourced to properly investigate complaints, investigations into complaints are internal and not transparent, disciplinary courts are manned by police officers (i.e., the police are policing themselves) and information on whether disciplinary action is taken against accused police officers is not always shared with the public.

References: The Daily Monitor, May 9, 2008 Immigration and Refugee Board of Canada (June 2008). Uganda: Overview of the police force, including structure, size and division of duties; police militarization; existence of police complaints authority and recourse available to individuals who file complaints against the police. (avaliable at [ LINK ])

Peer Review Comments: The provision for a law enforcement complaint reporting mechanism is there, but it is not adequate in terms of the follow-up of complaints.

Peer Review Comments: The performance of police in responding to citizens' complaints is abysmal. The police are known to ask complainants for "stationary" in order to fill out their statements.

  84c: In law, there is an agency/entity to investigate and prosecute corruption committed by law enforcement officials.
 
Score: YES  NO score
  Comments: At the national level, the High Court of Uganda has established The Anti-Corruption Division, with an Anti- Corruption Court to handle corruption, embezzlement, causing financial loss, abuse of office among others. The court is headed by Justice John Baptist Katutsi (New Vision, May 25, 2008).

References: Article 49 of the Police Act (establishes a police disciplinary court at every police unit to hear and determine any disciplinary matter involving a person subject to the police code and has powers to award any punishment authorized by or under the Police Act.)

Peer Review Comments: There are internal units in law enforcement agencies to take care of law enforcement officers' misdeeds. But all in all, the judicial system and the ombudsman can investigate and prosecute offending officers.

  84d: In practice, when necessary, the agency/entity independently initiates investigations into allegations of corruption by law enforcement officials.
 
Score: 100  75  50  25  0  score
  Comments: The police initiates investigations, such as the recent arrests of some police officers in Apac and Lira Districts in August 2009 for corruption. The arrests of corrupt traffic officers in May 2008 is an example of their willingness to investigate and prosecute law enforcement officials.

However, these investigations are not objectively handled, especially if they involve high-ranking officers.

References: Daily Monitor, Aug. 8, 2009 New Vision (June 2008 to August 2009)

Peer Review Comments: The law enforcement officials are held accountable for their actions and the agencies do sometimes initiate investigations.

  84e: In law, law enforcement officials are not immune from criminal proceedings.
 
Score: YES  NO score
  Comments:

References: The Constitution of the Republic of Uganda, 1995 Article 49 of the Police Act, 2004 provides for the establishment of a police disciplinary court to hear and determine any disciplinary matter involving a person subject to the police code of conduct. It also has powers to award any punishment authorized by or under this act.

  84f: In practice, law enforcement officials are not immune from criminal proceedings.
 
Score: 100  75  50  25  0  score
  Comments: No one is above the law in Uganda. Several cases exist where law enforcement officials are arrested and prosecuted for crimes committed.

For example, the arrest of Nateete Police chief Robert Semata, the Officer In Charge, Criminal Investigation Department and other police officers following an eviction of tenants in Natete in July 2009.

Other instances include the February 2009 arrest of 10 police officers, who opened fire on rioting traders in Kiseka Market, Kampala. The recent arrest was of District Police Commander James Peter Aurien, who is accused of murdering his wife, Apolot, in April 2009.

References: The New Vision, July 20, 2009 www.Reuters.com The Daily Monitor, June 2008 to August 2009

Peer Review Comments: Some law-enforcement officers, especially those with links to security agencies, operate with impunity.

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