Eleanor Finch
Uganda's Constitution, adopted in 1995, guarantees every person the right to freedom of speech and expression, including freedom of the press and other media. However, in practice, the country's commitment to free speech has been questioned, with some arguing that national laws and government actions contradict these constitutional protections. Uganda's score in political rights and civil liberties has fluctuated, and the country's status has been labelled as not free or partly free. The current discussion surrounding free speech in Uganda centres on concerns about the government's actions to repress the media and the potential impact of certain laws on legitimate expression.
| Characteristics | Values |
|---|---|
| Freedom of speech in the constitution | Yes, the Constitution of the Republic of Uganda, adopted in 1995, guarantees every person the right to freedom of speech and expression, including freedom of the press and other media. |
| Implementation of freedom of speech | Limited; the government has been criticised for using legal and extrajudicial means to repress the media, and restrict the number of people who can be journalists. |
| Status of freedom of speech | Uganda is considered a "partly free" country in the Freedom of Expression category due to the persistence of independent media and civil society activism. |
| Tolerance of criticism | Fluctuates based on political factors; campaign and election seasons tend to be particularly tense, with violations of freedom of expression escalating. |
| Protection of free speech | The Constitutional Court ruled that criminal libel is constitutional, and the sedition statute is currently being reviewed. Rights groups have criticised laws that criminalise freedom of expression and target independent media. |
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What You'll Learn
Uganda's constitution and freedom of speech
Uganda's Constitution, adopted in 1995, guarantees every person the right to freedom of speech and expression, including freedom of the press and other media. Article 43 of the Constitution states that any limitations on human rights must be acceptable and justifiable in a free and democratic society. However, in practice, the country's laws and political factors have posed threats to these freedoms.
The Constitution of the Republic of Uganda was established with a commitment to building a better future through a socio-economic and political order based on unity, peace, equality, democracy, freedom, social justice, and progress. It outlines various objectives, including the protection and promotion of fundamental and other human rights and freedoms. The right to freedom of speech and expression is explicitly mentioned in the Constitution, along with freedoms of thought, conscience, belief, religion, assembly, and association.
Despite these constitutional guarantees, Uganda has faced criticism for increased threats to freedom of expression. Human Rights Watch reports that the Ugandan government uses criminal laws and ambiguous legislation to repress the media, bring charges against individuals, and restrict the number of people who can lawfully be journalists. The government has also been accused of using legal and extrajudicial means to silence dissent, especially during campaign and election seasons.
In 2015, Uganda's score dropped in both political rights and civil liberties, leading to a downgrade to "not free" status. While it was briefly upgraded to "partly free" in 2018 due to the persistence of independent media and civil society activism, concerns remain about the country's commitment to freedom of speech and expression.
The Ugandan Supreme Court has played a role in upholding the right to freedom of speech. In the landmark case of Obbo & Mwenda v. Attorney-General in 2004, the Court deemed the crime of "publishing false news" unconstitutional, recognising the relationship between free speech and democratic governance. However, in 2009, the Constitutional Court ruled that criminal libel was constitutional, and the sedition statute is currently under review, causing concern among rights groups.
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International standards and freedom of expression
The right to freedom of opinion and expression is enshrined in several international and regional human rights instruments. These include the Universal Declaration of Human Rights (Article 19), the International Covenant on Civil and Political Rights (ICCPR, Article 19), the International Covenant on Economic, Social and Cultural Rights (ICESCR), the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD, Article 5), and the Convention on the Elimination of All Forms of Discrimination Against Women (Article 7).
International standards form the baseline for national standards on freedom of expression, and national laws must adhere to these standards. These standards are crucial when considering freedom of speech online, as any restriction on online content can severely limit freedom of expression. For example, the criminalisation of online content or expression can have a chilling effect on citizens, leading to self-censorship and a less diverse digital environment.
International law protects free speech, but it also allows for legitimate restrictions on speech that violates the rights of others or advocates hatred and incites discrimination or violence. Any limitations on the right to freedom of expression must meet the standards and justifications provided in Article 19(3) of the ICCPR. This includes respecting the rights and reputations of others, protecting national security, public order, or public health and morals, and prohibiting propaganda for war and advocacy of hatred that incites discrimination, hostility, or violence (Article 20).
The jurisprudence of the European Court of Human Rights offers the most extensive interpretation of freedom of expression among regional and international courts. Additionally, regional charters and human rights treaties also guarantee the right to freedom of opinion and expression, such as the Declaration of Principles on Freedom of Expression in Africa and the Association of Southeast Asian Nations (ASEAN) regional standards.
The defence of freedom of expression is crucial in holding the powerful to account and allowing other human rights to flourish, such as freedom of thought, conscience, and religion. However, it is important to note that freedom of expression is often dependent on wealth, privilege, and societal position, with the rich and powerful rarely facing restrictions on their expression.
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Political factors and tolerance of criticism
Uganda's Constitution, regional and international standards guarantee freedom of speech and expression, as well as freedom of assembly. The Constitution of the Republic of Uganda, adopted in 1995, outlines that "every person shall have the right to freedom of speech and expression, which shall include freedom of the press and other media".
However, in practice, the tolerance of criticism and protection of free speech in Uganda is highly dependent on political factors. For instance, campaign and election seasons tend to witness heightened tensions and an increase in violations of freedom of expression. Uganda's status in terms of political rights and civil liberties has been downgraded to "not free", with only a brief upgrade to "partly free" in 2018. This downgrade is largely due to the government's repression of the media, opposition parties, civil society organisations, and social movements.
Since the establishment of multiparty rule in 2005, the Ugandan government has employed legal and extrajudicial means to curb the media. While criminal charges are often brought against journalists, the relatively strong stance of the courts has prevented their widespread success. Nonetheless, the government has other tools at its disposal to restrict the media, including revoking or suspending broadcasting licenses and restricting the number of people who can legally be journalists.
The Ugandan government has also been criticised for passing laws that curb hate speech, protect children, and stop the sharing of false or malicious information. Rights groups have called these laws draconian, arguing that they are used to target critical commentators and punish independent media. The constitutionality of certain laws, such as the sedition statute, is currently being reviewed by the Constitutional Court.
In conclusion, while Uganda's Constitution guarantees freedom of speech and expression, the country's political landscape and the actions of the government have fallen short of fully protecting these rights. The tolerance of criticism in Uganda is heavily influenced by political factors, and the country continues to face challenges in upholding freedom of speech and expression, particularly during tense campaign and election seasons.
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Criminal laws and constitutional protections
Uganda's 1995 Constitution guarantees every person the right to freedom of speech and expression, including freedom of the press and other media. However, in practice, the country's laws and policies often fall short of these ideals, with the government using legal and extrajudicial means to repress the media and violate freedom of expression.
Uganda's history with free speech has been tumultuous. After gaining independence from Britain in 1962, Uganda went through a period of dictatorship and Idi Amin's murderous rule, during which there was little to no respect for freedom of expression. In 1986, Yoweri Museveni came to power and adopted a constitution guaranteeing human rights and allowing independent media to develop. However, in 1995, Museveni ended the multiparty system, barred political parties from participating in elections, and concentrated powers in the presidency, leading to an increasingly authoritarian rule.
Under Museveni's regime, several national laws and policies have been implemented that are inconsistent with Uganda's constitutional and international obligations to protect freedom of expression. The government has used these laws to revoke or suspend broadcasting licenses, bring charges against individuals, and restrict the number of people who can lawfully be journalists. The Press and Journalist Act, for example, is seen as a threat to free speech and a tool for the government to further repress the media.
In addition to legal restrictions, the Ugandan government has also been accused of using extrajudicial means to intimidate and silence critics. Journalists, in particular, have faced criminal charges and summons from the Media Crimes Department of Uganda's Criminal Investigations Directorate (CID), which continues to charge them with sedition. The government has also been known to restrict voter eligibility, engage in political intimidation, and commit electoral fraud to maintain its power.
Despite these challenges, there have been some positive developments in Uganda's protection of freedom of speech and expression. In a landmark case in 2004, the Ugandan Supreme Court recognised the relationship between free speech and democratic governance, deeming the crime of "publishing false news" unconstitutional. Additionally, the persistence of independent media and civil society activism has contributed to Uganda's status as a ""partly free" country in the Freedom of Expression category, according to Democracy Web's Comparative Studies of Freedom.
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The right to freedom of expression under international law
The right to freedom of expression is a fundamental human right that is protected by international law. The right is enshrined in the Universal Declaration of Human Rights (UDHR), proclaimed by the United Nations General Assembly in 1948 in the wake of the Holocaust. Article 19 of the UDHR states that "everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers."
The right to freedom of expression is also protected by a considerable body of treaty law, including most human rights treaties, and can be regarded as a principle of customary international law. The right covers all forms of communication, including verbal and non-verbal, and all modes of expression, such as audio-visual, electronic, and internet-based modes of communication.
International law protects free speech, but there are instances where speech can be legitimately restricted under the same law. For example, when it violates the rights of others or advocates hatred and incites discrimination or violence. Any restrictions on freedom of expression must be provided by law, protect certain public interests or the rights of others, and be clearly necessary for that purpose. Governments have a duty to prohibit hateful and inciteful speech, but they must not abuse their authority to silence peaceful dissent by passing laws criminalizing freedom of expression.
In recent years, freedom of expression has been under attack from a variety of new sources, including the rise of social media and the internet, which have disrupted traditional media and information ecosystems. Additionally, repressive legislation and heavy-handed policing have threatened the right to peaceful protest in some countries, such as Poland.
Uganda's Constitution, adopted in 1995, guarantees freedom of speech and expression, as well as freedom of assembly. However, Uganda's score in political rights and civil liberties has dropped in recent years, and the country has been downgraded to "not free" status. The current president has governed in an increasingly authoritarian manner, putting restrictions and pressure on media, opposition parties, and civil society organizations. Despite this, Uganda is still considered “partly free” in the Freedom of Expression category due to the persistence of independent media and civil society activism.
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Frequently asked questions
Yes, the Ugandan Constitution, adopted in 1995, guarantees every person the right to freedom of speech and expression, including freedom of the press and other media.
No, Uganda's history has been marked by periods of dictatorship and authoritarian rule, which have restricted freedom of expression. Following independence, there was less respect for freedom of expression, and none under Idi Amin's rule. After Yoweri Museveni came to power in 1986, a new constitution was adopted in 1995, guaranteeing human rights and freedom of speech.
While the Ugandan Constitution guarantees freedom of speech, in practice, the government has been known to use legal and extrajudicial means to repress the media and restrict the number of people who can lawfully be journalists. Uganda's score in political rights and civil liberties has decreased over the years, and it is currently rated as ""not free" in terms of freedom of expression.
