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. - - - - - - - - - - - - - - - - - - - - - - - - - - Host Country Efforts to Curb GBV in Conflict Areas - - - - - - - - - - - - - - - - - - - - - - - - - - ¶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. - - - - - - - - - - - - - - - - - - - - - - USG and Other Donor Programs to Address GBV KAMPALA 00000738 002.2 OF 004 - - - - - - - - - - - - - - - - - - - - - - ¶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. - - - - - - - - - - - - - - - - - - - - - - - Law Enforcement and Judicial Responses to GBV - - - - - - - - - - - - - - - - - - - - - - - ¶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 KAMPALA 00000738 003.2 OF 004 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. - - - - - - - - - - - - - - - - UPDF, UN PKO Troop Sensitization - - - - - - - - - - - - - - - - ¶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. - - - - - - - - - - - - - - - - - - - - - - Women's Empowerment and Gender Mainstreaming - - - - - - - - - - - - - - - - - - - - - - ¶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 KAMPALA 00000738 004.2 OF 004 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. - - - - - - - - - - - - - - - - - - - - - - Engaging Male Leaders at the Community Level - - - - - - - - - - - - - - - - - - - - - - ¶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. - - - - - - - - - Donor Coordination - - - - - - - - - ¶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