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Shrinking Civil Society Space In The Horn Of Africa: Uganda Grapples As New Report Finds NGO Act 2016, In Violation Of International Standards

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By witnessradio.org team

Shortly after the conclusion of the controversial February 18th 2016 elections, president Museveni quietly signed into law the new Non-Governmental Organisations Act, 2016. But the act, has been declared an abuse of the international standards according to a new report by the Horn of Africa Civil Society Forum.

HoACS Forum, is a regional network of civil society organizations working together to monitor and expand civic space in the countries which it operates. This particular study which reviewed the legal frameworks governing CSOs, covered the entire ten countries; Djibouti, Eritrea, Ethiopia, Kenya, Rwanda, Somalia, Somaliland, South Sudan, Sudan and Uganda.

On concluding its study into the Uganda’s Non-Governmental Organizations Act, 2016, the regulatory framework for CSOs, the forum established that the act was burdensome because it makes it mandatory for any CSO to register with the NGO Board which is under direct control of the government, thus rendering the process semi-standard.

“As elsewhere in the region, registration under the 2016 NGO Act is mandatory, in violation of international standards,” the report said, “Organizations cannot operate in Uganda unless they have been duly registered with the National Bureau for Non-Governmental Organisations and have been issued a valid permit.”

The study also revealed that Ugandan law requires Community-based Organizations (CBOs” to register with the district local government. The NGO Act lists what is to be included in an application for registration of an NGO, but also states that “an application for registration under this section shall be in a form as the Minister may prescribe.”

In so, doing, the report noted that the process may be “used to grant discretionary power to the executive branch in terms of altering or tightening the requirements for registration.”

In an eventuality that one is carrying out activities through unregistered organizations, there are penalties set out in the act in form of both fines and a 3 year imprisonment term.

Secondly, the study found registration procedures under the act pretty “burdensome,” with explicit examples. NGOs must submit a registration application to the NGO Board which, as described by the ICNL, must include: specification of the operations of the organization, area of intended operation, staffing of the organization, geographical area of coverage, location of the organization’s headquarters and date of expiry of the previous permit.

In the case of a foreign organization, a recommendation is required from the diplomatic mission in Uganda of the country from which the organization originates. In addition, any foreign staff recruited to work in Uganda must submit their credentials and a certificate of good conduct to the Ugandan diplomatic in their home country before they assume their respective responsibilities and duties.

So in sum, the study observed that “these restrictions and requirements imposed by the Ugandan government significantly limit the ability of groups to register as NGOs, especially if they are small organizations and lack resources and personnel.”

Additionally, “the NGO Bureau does not have any time limit within which they must review an application, meaning that the process can be delayed indefinitely at its discretion.”

In the Forum’s view, the rigorous procedure “increases the possibility of authorities denying registration based on formalities. For example, there is the possibility that the registration will be revoked or refused on grounds such as being prejudicial to the interests of Uganda.”

In essence, the power to close down organizations will be entirely at the discretion of the NGO Bureau.

The act also includes inter alia the prohibition of any act “which is prejudicial to the security and laws of Uganda,” or which is “which is prejudicial to the interests of Uganda and the dignity of the people of Uganda.

The vague nature of the language above, like that in other laws in the region, could be abused to target NGOs who are critical of the government, according to the report.

In Uganda, an organization’s certificate can be revoked by the Bureau if:

• The organization does not operate in accordance with its constitution;

• The organization contravenes any of the conditions or directions specified in the registration permit

In addition, the regulations provide that an organization may also be dissolved by order of the

High Court if it is:

• defrauding the public;

• threatening national security; or

• Grossly violating the laws of Uganda

Like Uganda, all countries covered by this study, ratified the African Charter on Human and Peoples’ Rights (ACHPR) and the International Covenant on Civil and Political Rights (ICCPR).

All their national constitutions provide that these protections can be restricted in narrow circumstances, including protecting the freedom of others, public security, public order, public safety, and public health. These provisions at the constitutional level are generally compliant with international standards. It is generally agreed internationally that these restrictions may apply to restricting CSOs from partisan political campaigning, fundraising and support of political parties, and these are in fact prohibited in most national laws in the region.

However, these narrow exceptions can be referred to in inappropriate circumstances. In general terms, national interest and the protection of public values are among the most likely excuses employed by the executive body in order to curtail basic human freedoms.

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NGO WORK

No Heritage Without its People: Why Ngorongoro Cannot be a World Heritage Site and an Eviction Zone

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The Tanzanian government, under the guise of “conservation,” restricts Maasai livelihoods and denies access to essential services forcing Indigenous residents away from their ancestral lands and turning their heritage into a playground for safari tourists.

As the 48th Session of the World Heritage Committee begins July 19, UNESCO continues to legitimize the continued forced displacement of the Maasai from Ngorongoro. If UNESCO cannot ensure that the World Heritage designation protects the rights of its Indigenous custodians, then the Committee must remove the Ngorongoro Conservation Area from the World Heritage List.

Increased international pressure is imperative to hold UNESCO accountable and protect the lives and rights of the Maasai!

Read our Open Letter to the World Heritage Committee.

Source: oaklandinstitute.org

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NGO WORK

Rush: Global Scramble for Minerals Wages War on People and Planet

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As governments and corporations scramble to secure critical minerals, a new Oakland Institute report exposes the forces fueling today’s unprecedented mining boom. RUSH: Global Scramble for Minerals Wages War on People and Planet dismantles the dominant narrative that massive amounts of minerals are needed for the energy transition, revealing instead a potent convergence of political, military, and corporate interests racing to control the resources that underpin modern warfare and artificial intelligence.

“Securing access to critical minerals is reshaping international relations and foreign aid as competition between the US and China becomes a new geopolitical battleground,” said Anuradha Mittal, Executive Director of the Oakland Institute. “The costs are being borne by communities around the world as this global race drives wars and violence, results in land grabs, forced displacement, devastating pollution, and the irreversible destruction of lands and livelihoods,” Mittal continued.

With the Pentagon shifting towards an “AI-first” warfighting stance, the US military-industrial complex is rapidly integrating tech and AI firms with a mutual interest in locking down critical mineral supplies. The report exposes key players positioned to profit from a resource boom already drawing trillions in investment. These include ventures tied to the Trump family, billionaire-backed outfits such as KoBold Metals, an AI-driven mining firm supported by Bill Gates, and defense-tech companies like Palantir and Anduril, among others.

To justify a massive scale up of mineral extraction, governments, corporations, and international financial institutions like the World Bank, frame critical minerals as indispensable to the green transition and as a pathway to prosperity for the Global South. However, RUSH documents that more than 70 percent of critical mineral demand today comes from industries unrelated to the energy transition, including the automotive, aerospace, military, communications, and technology sectors. Rapid growth in artificial intelligence, data centers, surveillance technologies, and military spending is expected to increase this demand massively.

“Renewable energy deployment, such as wind and solar, requires only a fraction of the minerals that corporations plan to extract in the coming decades,” said Andy Currier, Oakland Institute Policy Analyst and report co-author. “But growing military demand and stockpiling of materials like copper, lithium, nickel, and cobalt will undermine the energy transition, diverting critical resources away from urgently needed climate solutions,” Currier continued.

RUSH warns that the acceleration of resource extraction poses a catastrophic threat to both ecosystems and human survival. In response, Indigenous groups and frontline communities are leading a vital, global resistance to defend their territories. It is, however, undermined by a dangerous myth that expanding extraction is necessary to fix the climate crisis.

“The report issues a resounding call to challenge this false narrative to stop the untenable rush for minerals before it becomes an irreversible global catastrophe,” warned Oakland Institute Policy Director and report co-author, Frederic Mousseau. “The stakes could not be higher. If left unchecked, the global mining rush will trigger hundreds of new mines in a short period. The resulting human and planetary devastation will be at a scale never seen before – livelihoods will be destroyed, millions will be displaced, and environmental destruction will become irreversible,” concluded Mousseau.

Read the report

Source: oaklandinstitute.org

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NGO WORK

Acholi land dispute threatens Shs3bn govt-backed Cassava Factory in Pader

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Affected residents demonstrate at acholibur town council offices over a disputed 179-acre piece of land earmarked for a government and gulu archdiocese-backed cassava processing factory in pader district.

Pader, Uganda: A protracted land dispute in Acholibur Sub-county, Pader District, is threatening to stall a Shs3 billion cassava processing factory project jointly backed by the Government of Uganda and the Gulu Archdiocese, raising fears over the future of one of northern Uganda’s most significant agro-industrial investments.

The proposed cassava factory, which is being spearheaded by the Gulu Archdiocese with support from the Uganda Development Corporation (UDC), is expected to boost value addition, create employment opportunities and improve household incomes for thousands of cassava farmers across the Acholi sub-region.

At the centre of the dispute is a 179-acre piece of land claimed by two families, the estate of the late Ignatius Lakere Latigo and that of the late Odwong Joseph Lagoro, both of which maintain ownership rights over the property earmarked for the project.

The dispute escalated following a court-directed boundary opening exercise conducted by a joint security team led by Pader Resident District Commissioner Amos Banyizi. Several affected families have since protested the exercise, claiming it was carried out without their knowledge or participation.

Families question boundary exercise

Mr. Latigo Morris, administrator of the estate of the late Ignatius Lakere Latigo, said his family was never notified about the recent boundary demarcation despite earlier agreements that required all stakeholders to be involved.

He recalled that a stakeholders’ meeting held last year, attended by Archbishop Emeritus John Baptist Odama of the Gulu Archdiocese and other parties, had resolved that any future activities on the disputed land would involve all affected families.

According to Morris, his family was shocked to find the RDC accompanied by armed security personnel carrying out activities on land they claim belongs to them.

“We expected dialogue and participation of all stakeholders before any action was taken,” Morris said.

Local leaders have also questioned how the exercise was conducted.

The LCIII Chairperson of Acholibur Town Council, Okumu Robert, said his office was neither informed nor requested to mobilise residents before the boundary opening exercise.

Mr. Ocen Paul, one of the affected stakeholders, appealed to government to intervene, warning that nearly 150 families could lose land if the matter is not handled transparently.

He further alleged that influential individuals could be influencing the ongoing demarcation despite what he described as valid documentation showing that the affected families still hold an active 49-year lease over the land.

Source: dailyexpress.co.ug

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