Women movement in Uganda under the Domestic Violence Act Coalition express concern over the Presidential pardon communicated through a press release from the Senior Commissioner of Prisons, issued on 17th January 2024, where out of the 13 prisoners pardoned, 11 (85%) were convicted of the offence of defilement, and of them, 10 were serving sentences of 7 years and below.
According to the joint statement from the women’s movement of Uganda, the list raises questions about the level of regard to the hallowing experiences of the victims of defilement and other sexual offences, but also the level of accountability of the Government of Uganda to upholding justice, fairness and equity for all, especially its children.
“We share concerns about this being tone deaf to the current lived realities of many girls and women in Uganda, who are the biggest victims of this offence.
This decision stands in stark contrast to the fundamental responsibility of a just and compassionate society to support and advocate for the rights of victims of sexual violence. It is a betrayal of the trust that survivors place in the legal system and sends a chilling message to survivors that their trauma and suffering are being trivialized and ignored.” The statement revealed.
These women’s organisations express concern over the impacts of this decision noting that the recent reports demonstrate a worrying state of affair for Defilement cases. More worrying is the fact that out of 14,795 persons who were victims of Sex-related crimes, 12,816 were Female Juveniles, and 33 were Male Juveniles.
While there has been a decline from two years ago, the numbers are still alarming. It worries us further that out of the total number of defilement cases reported in 2022, 4,725 cases were taken to Court, 817 cases were not proceeded with and 7,041 cases are still under inquiry. Out of the cases taken to Court, 25% of cases led to convictions, while 4,515 cases which represent 95% of the total cases were still pending in Court.
The decision also undermines the efforts of law enforcement, legal professionals, women rights, child rights and an array of civil society organizations who work tirelessly to hold perpetrators accountable and provide support to survivors. It also perpetuates a culture of impunity that emboldens perpetrators, encourages the recurrence of defilement and discourages survivors from seeking justice and re enforces the systemic oppression of women and girl.
And due to the social stigma that continues to be associated with sexual violence, many families choose to stay silent and or, sometimes settle the case informally. Perpetrators pay compensation, or sometimes even end up negotiating to marry their victim, rather than face charges. This in turn increases the instances of another violation of children’s rights – child/early marriage which has several negative impacts on girls, including facilitation of a cycle of violence.
They further stress that the best interests of the child must always be a primary consideration, and that the specific needs and vulnerabilities of girls and boys, as well as children with disabilities must be protected as prescribed under the Children’s Act Cap 59.
Women movements therefore urge the relevant authorities to conduct a thorough review of the criteria and processes involved in the application of the prerogative of mercy, with a specific focus on cases involving child sexual offenders. Transparency in decision-making and a commitment to prioritizing the safety of children are essential in maintaining public confidence in the justice system.
Additionally, they call upon leaders, the Attorney General and other institutions who table Pardon recommendations to the Presidency, to prioritize the welfare and rights of survivors of sexual violence. We urge them to demonstrate a firm commitment to upholding the rule of law and to sending a clear message that such abhorrent crimes will not be tolerated in our society.
The women’s movement under the Domestic Violence Act Coalition include Women’s Probono Initiative (WPI), Uganda Media Women Association (UMWA), Raising voices, FIDA, Oxfam, Rights for her Uganda, Platform for vendors Uganda, Sustaining women’s leadership, Center for constitutional governance, Girls forum international, Centre for domestic violence prevention, Frauen Initiative Uganda, Centre for women Justice Uganda, Raising voices, MIFUMI among others.
