UGANDAN EFFORTS TO COMBAT GENDER-BASED VIOLENCE

UNCLAS SECTION 01 OF 04 KAMPALA 000738

SIPDIS

E.O. 12958: N/A
TAGS: PHUM PREL KWMN KOCI AF
SUBJECT: UGANDAN EFFORTS TO COMBAT GENDER-BASED VIOLENCE

REF: STATE 64939

KAMPALA 00000738 001.2 OF 004



1. Summary: Gender-based violence (GBV),domestic violence and
sexual violence are widespread in Uganda, and pose negative health
risks for women because they put women and children at greater risk
of HIV infection, sexual infection, and pregnancy. The government
has taken significant steps to raise awareness of and improve
responses to GBV in Uganda, including within its military and police
forces. GBV is a systemic social problem that reflects deeply held
societal norms and gender relationships between men and women.
Post's responses are keyed to the questions in reftel.
End Summary.

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Host Country Efforts to Curb GBV in Conflict Areas
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2. Question a: What is the host country doing to curb gender-based
violence in conflict areas? Gender-based violence (GBV),domestic
violence and sexual violence are widespread, complex socio-cultural
problems that the Government of Uganda (GOU) is working with United
Nations (UN) system organizations, USG partners, and civil society
to address. Transactional sex and violence against women are two of
the most common types of GBV in Uganda. Approximately 48 percent of
married women age 15-49 in Uganda have experienced physical violence
from their intimate partners; 36 percent have experienced sexual
violence, and 49 percent have experienced emotional violence. GBV
is widely recognized and accepted among men and women, with 92
percent of Ugandans surveyed stating that domestic violence occurs
throughout Uganda. The causes of GBV in Uganda include poverty and
unemployment, alcohol abuse, cultural beliefs, "natural tendencies
of men," and a tendency to blame women for the violence. These
problems are particularly pronounced in the post-conflict areas of
northern Uganda, where a 20-year civil war saw high levels of
internal displacement and GBV perpetrated against women and
children.


3. A total of 10,365 sex-related crimes were registered by the
Ugandan Police Force (UPF) in 2008. Rape cases totaled 1,536 in
2008, up from 599 in 2007; of those, 241 cases went to court and
only 52 resulted in convictions. The UPF lacks the criminal
forensic capacity to collect evidence related to the report of
sexual assault, which makes prosecution and conviction difficult.
Child sexual abuse is also a problem in Uganda, particularly in the
post-conflict northern areas, where many children are former
abductees of Joseph Kony's Lord's Resistance Army (LRA). There were
8,635 defilement cases in Uganda in 2008, which represents a 29
percent decrease from the previous year, with 4,124 cases going to
court and 333 convictions. This means that only 3.8 percent of
suspected offenders were tried and convicted.


4. Uganda does have statutes under which gender-based violence and
human trafficking offenses can be prosecuted. The Penal Code Act
contains penalties for several sex crimes, including procurement of
a woman to become a prostitute, detention with sexual intent, sex
with a minor girl (defilement),and rape. Rape and defilement carry
a maximum penalty of death. These penalties are more severe than
those for procuring a woman to be a prostitute, which carries a
penalty of up to seven years. The maximum sentence for rape is
sometimes imposed but has not been carried out in many years. Lack
of investigative resources and technical capacity in the criminal
justice system limit effective enforcement of these laws. Lack of
reporting also hampers law enforcement and prosecution efforts.


5. There is no national law against female genital mutilation (FGM)
in Uganda, but President Museveni recently launched a campaign
against the practice in Nakapiripirit district and Parliament is
reportedly drafting a law to ban FGM. Traditionally, FGM has been
practiced by the Sabiny ethnic group and the Pokot ethnic group
along the northeastern border with Kenya; however, in 2006, the
subcounties of Kapchorwa and Bukwo districts passed by-laws to make
FGM illegal. On October 10, 2008, Kapchorwa District passed another
by-law that provides for the arrest and prosecution of FGM
practitioners and collaborators. Various governmental organizations,
women's groups, and international organizations continue programs to
combat FGM through education. These programs, which receive some
support from local leaders, emphasize close cooperation with
traditional authority figures and peer counseling. In June 2008, the
UN Population Fund, with the cooperation of local charity
Reproductive Education and Community Health and the Uganda Muslim
Supreme Council, organized a seminar in Kapchorwa District to
educate youth and female leaders on the dangers of FGM.

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USG and Other Donor Programs to Address GBV

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6. Question b: What programs are being conducted on the ground by
the USG and other donors to treat victims of gender-based violence
and to empower women to resist and report rape and sexual violence?
What programs are particularly effective and what programs are not
working? What else can done and what resources are required? If
funding became available, what programs would be effective in your
country?


7. The high incidence of sexual abuse and child sexual abuse have
resulted in increasing transmission of HIV/AIDS and other sexually
transmitted diseases, increased child pregnancies, early marriages
and high school drop-out rates. The U.S. President's Emergency Plan
for AIDS Relief (PEPFAR) has launched an initiative to strengthen
the delivery of comprehensive services to victims of sexual violence
in Uganda including HIV diagnostic testing and counseling (DTC) and
post exposure prophylaxis (PEP),pregnancy testing and emergency
contraception, sexually transmitted infection prophylaxis, and
treating physical injuries. The program also strengthens local
capacity to provide psychological counseling to rape victims, show
special sensitivity to child and male victims, and establish links
between police and health professionals to enable incidents to be
referred in either direction and, if desired, prosecuted in court.
Primary target populations are women and children victimized by
sexual violence, those at increased risk of sexual violence, health
care providers and other victim service providers, and others who
influence victims' access to services including community leaders,
police, family members, and others.


8. Additional funding could provide valuable technical assistance
and training for local law enforcement and judiciary officials,
which would greatly strengthen their capacity to investigate and
prosecute sex crimes in Uganda. Police currently lack the capacity
to examine and collect forensic evidence from rape victims; without
physical evidence of the crime, most rape cases are dismissed from
court and do not result in successful prosecution and sentencing.
Police, prosecutors, and judges would also receive training on how
to collect and process evidence, investigate, and adjudicate rape
and sexual assault cases in court. Training would improve
coordination between law enforcement and the judiciary, resulting in
speedier and more effective trials. Additional funding would also
support community policing initiatives aimed at raising awareness
and encouraging greater reporting of GBV and rape in local
communities.

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Law Enforcement and Judicial Responses to GBV
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9. Question c: To what extent are perpetrators of gender-based
violence being brought to justice by host country law enforcement
authorities? If they are not, what are the constraints and what is
being done to sensitize host country judicial and law enforcement
personnel to the seriousness of this problem? Have USG-funded
judicial assistance programs, to the extent that they exist, been
effective?


10. The Ugandan Police Force's Child and Family Protection Unit
(CFPU) at the National Police Headquarters monitors sex crimes
involving women and children and tracks local police efforts to
rescue women and children from abusive situations. Inspector
General of Police Kale Kayihura has initiated widespread police
reforms that aim to improve respect for the rights of victims and
at-risk individuals. He has instituted regular meetings on
gender-based violence for UPF personnel to sensitize police officers
on a range of issues, including gender-based violence, domestic
violence and child abuse. These in-house meetings aim to reinforce
the UPF's commitment to protecting the rights of women and children.



11. The rights of victims are generally respected in Uganda. The
GOU encourages victims of sexual violence to report the crime and
testify in court, however sex crimes are generally underreported. A
medical exam, which can be conducted by a police physician, is
necessary to provide evidence of the crime. The police employ few
physicians due to resource constraints and lack any forensic
investigative capacity to collect viable evidence from rape victims.
As a result, the UPF refers all sexual assault victims to hospitals
or clinics, and victims of defilement and rape often have to pay for
their own medical exams. The cost deters many from following
through with legal action. There is also social stigma against
victims of sexual crimes in some communities. Other factors
believed to inhibit reporting and prosecution of sexual crimes
include fear of retribution, lack of support services, and use of

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alternative restitution procedures. Many Ugandans feel that
domestic violence should not be reported outside the family.


12. Victims of sexual crimes, including rescued victims of LRA
abduction and abuse, are provided with initial care and support to
assist in their rehabilitation and reintegration into society. The
GOU and other donors provide financial, medical, psychological, and
rehabilitation services to ex-abductees and child soldiers. NGOs
and others provide limited additional assistance, including
psychosocial counseling.


13. Future USG criminal justice sector assistance and training will
deliver comprehensive police training to the UPF as well as other
regional police forces from southern Sudan and Somalia. Assistance
efforts will focus on enhancing police professionalization and
capacity building in post-conflict areas, and will include training
modules on gender sensitization and first response procedures in
sexual crimes.

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UPDF, UN PKO Troop Sensitization
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14. Questions d and f: What efforts are underway to sensitize host
country militaries to issues of GBV and to ensure that sexual
violence is not being perpetrated by government forces. Are UN
peacekeeping missions sensitizing troop contributing contingents
(TCCs) to the problem of gender-based violence and what efforts are
being undertaken to clarify the peacekeepers' rules of engagement
and particularly the circumstances under which they are able to take
perpetrators of rape and sexual violence into custody.


15. Uganda has 1,700 peacekeepers in Somalia under the African
Union Mission. The Ugandan Peoples Defense Forces (UPDF) reports no
cases of sexual abuse or human trafficking involving peacekeepers in
Somalia. Human rights groups in Uganda corroborate the UPDF's
assertion. The GOU provides training to its military troops through
its Child Protection Units, which are included in every unit.
Ugandan troops deploying outside Uganda receive additional human
rights training, which includes gender sensitization, elimination of
sexual exploitation, and prevention of trafficking in people and
child protection. On a regular basis, Ugandan soldiers are given
specific training on the rights of women and children and carry a
code of conduct, which states that "soldiers must apply and
reinforce all practical and legal measures to protect children and
their mothers lives and property before, during, and after
conflict." In addition to the UPDF's own training, U.S. contractors
conduct human rights training mandated by the U.S. Congress for all
USG-funded peace support operations. Troops are also trained in NGO
and IO coordination, HIV/AIDS prevention, refugee and internally
displaced persons processing, and rules of engagement.


16. UPDF deployed to the Democratic Republic of the Congo (DRC) in
December 2008 for "Operation Lightning Thunder" (now Rudia II)
received refresher briefings on the treatment of children and others
abducted by the LRA. Each Ugandan unit that deployed contained two
to five Child Protection Unit Officers. The UPDF, the United
Nations Children's Fund (UNICEF),Save the Children, and the
International Organization for Migration (IOM) worked together to
develop a protocol to protect victims that it had rescued from the
LRA. Human rights groups report that there have been no reports of
UPDF involvement in any human rights abuses, including GBV, in DRC.
Our training and the Ugandan military's commitment to
professionalization can be credited.

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Women's Empowerment and Gender Mainstreaming
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17. Question e: To what extent are women's empowerment, girl's
education, and shelters and care for victims of violence - to the
extent that any programs in these issues may exist - being
mainstreamed into general humanitarian and capacity-building work in
the region?


18. The United Nations Development Program (UNDP) supports several
interventions that mainstream the gender dimension into economic
development, democratic governance, and HIV/AIDS awareness. UNDP
works with the GOU Ministry of Gender, Labor and Social Development
to adopt policies for poverty eradication through equitable
development, implements participatory development projects at
village level in eight sub counties of eight districts, and trains
women in business skills and entrepreneurship.


19. UNDP has also partnered with the GOU Gender Ministry and the

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United Nations Development Fund for Women (UNIFEM) to support the
Sexual and Gender Based Violence project. This project promotes the
creation of a safe protective environment for women and girls in
post-conflict areas of northern Uganda by encouraging women's
participation in peace and security matters and strengthening
capacities for prevention and response to GBV. Former LRA abductees
are sheltered, counseled, and taught vocational skills through a
network of governmental and non-governmental organizations.


20. There are few shelter facilities in Uganda due to the lack of
resources and the sensitive nature of the crimes. Most victims take
shelter with extended family members.

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Engaging Male Leaders at the Community Level
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21. Question g: What is the host government doing to sensitize male
leaders at the community level about the problem of gender-based
violence and to encourage their support of prevention, treatment,
and accountability efforts within their communities?


22. Most interventions work to prevent violence against women and
children by addressing men's attitudes and behavior in relationships
and by engaging them in awareness raising and conflict resolution
activities. The Uganda AIDS Commission, Ministry of Health,
Ministry of Gender, Labor and Social Development, Ministry of
Education and Sports, Communication for Development Foundation
Uganda (CDFU),various UN system organizations and other NGOs are
currently implementing Phase II of their Young Empowered and Healthy
(Y.E.A.H.) "Be A Man" campaign. The Y.E.A.H. initiative promotes
gender equality and seeks to empower young men and women to live
healthy, happy lives in a supportive, protective, and gender
equitable environment. It uses multimedia and interpersonal
communication as well as community approaches to stimulate dialogue
and action among communities, families, schools, and healthcare
providers. The "Be A Man" campaign specifically targets young,
single men to address social norms around masculinity and gender.
Phase I of the campaign focused on faithfulness, non-violence,
couple counseling and testing for HIV and subsequent follow-up care.
Phase II of the campaign specifically addresses the issues of
transactional sex, violence against women, and alcohol. The UNDP
SGBV Project also raised awareness of GBV among male community
leaders and involved them in community responses to GBV,
successfully improving reporting of GBV to law enforcement
authorities.

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Donor Coordination
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23. Question h: To what extent are donor countries coordinating
regularly with each other, the UN system, and the host government to
ensure a streamlined approach to combating gender-based violence?


24. The Human Rights Working Group within the diplomatic community,
which facilitates regular donor coordination meetings, coordinates
on various human rights issues including gender-based violence.
UNDP is also working to mainstream gender within the UN system
response through its Donor Thematic Group on Gender. The UPF
participates in regional law enforcement coordination mechanisms
such as the East African Police Chiefs Organization (EAPCO),which
includes nine countries in the region and provides mutual legal
assistance, training, and a forum to discuss trans-national crime.
HOOVER