US election: What Kamala or Trump win means for rule of law

The two contenders are, Republican Party candidate Donald Trump, a former president who was defeated by incumbent Joe Biden on the one hand, and Ms Kamala Harris, Mr Biden’s Vice who took over after the incumbent dropped out of the race, on the other.

Both Mr Trump and Ms Harris have already demonstrated their foreign policy positions on Uganda and the rest of the countries over human rights violations, abuses and the rule of law.

Under Mr Trump, Ugandan government officials largely avoided sanctions for gross violations and abuse of human rights and the rule of law. But Mr Trump has previously used contemptuous remarks about Third World countries and explicitly stated that immigrants from such countries should be barred from entering the U.S.

Mr Trump also slashed $67.8 million (about Shs246.8 billion) funding to Uganda in 2017/2018 that affected many critical projects, especially USAID-funded projects.

Mr Trump’s preoccupation has all been with his mantra of ‘Making America Great Again’, regardless of how this would impact the rest of the world.

Under the Biden-Kamala administration, Ugandan public officials have suffered some of the severest sanctions over the passing of the Anti-homosexuality Law in 2023, abuse of human rights, and being adversely mentioned for involvement in gross corruption.

For example, after the Parliament passed by acclamation, the anti-homosexuality law, the U.S. government under the Biden administration roundly condemned Uganda for passing the law, which they called draconian.

Similarly, after the Karamoja iron sheet theft scandal, the US government sanctioned five Ugandan public officials, including Speaker of Parliament Anita Among, her husband Moses Magogo, Karamoja Affairs junior minister Agnes Nandutu, her senior colleague Mary Goretti Kitutu, and junior Finance minister Amos Lugolobi.

The sanctions also extended to their immediate family members who are all barred from traveling to the U.S. and transacting businesses with the U.S.

On human rights violations, the U.S. government slapped sanctions on Gen Peter Elwelu, the former Deputy Chief of the Uganda People’s Defence Forces (UPDF). The US government said Gen Elwelu was designated due to his involvement in gross violations of human rights. 

The statement said: “Specifically, Peter Elwelu was involved, while commanding UPDF forces, in extrajudicial killings that were committed by members of the UPDF. As a result of these actions, the designated Ugandan officials are generally ineligible for entry into the United States.”

Earlier in 2021, under the same Biden administration, the US Treasury Department imposed financial sanctions on Uganda's then chief of military intelligence, Maj Gen Abel Kandiho, over alleged human rights abuses committed on his watch.

For the Speaker and other public officials, the statement said Ms Among is designated due to involvement in significant corruption tied to her leadership of Uganda’s Parliament. 

Ms Kitutu and Ms Nandutu, and Mr Lugolobi were designated for their alleged involvement in significant corruption related to misuse of public resources and diverting materials from Uganda’s neediest communities.

“All four officials abused their public positions for their personal benefit at the expense of Ugandans,” the statement said.

At the same time, the U.S. Department of State also said it was taking steps to impose visa restrictions on multiple other Ugandan officials for undermining the democratic process and repressing members of marginalised or vulnerable populations in Uganda. 

“These individuals are responsible for, or complicit in, the repression of Ugandan members of political opposition groups, civil society organisers, and vulnerable communities in Uganda,” the statement said.

Mr Mathew Miller, the spokesperson of the Department State, said the US stands with Ugandans advocating democratic principles, a government that delivers for all its citizens, and accountability for actions committed by those who abuse their position through corruption and gross violations of human rights. 

He said impunity allows corrupt officials to stay in power, slows the pace of development, facilitates crime, and causes unequal distribution of resources, which can affect underrepresented and underserved populations disproportionately. 

“Today’s actions reaffirm the U.S. commitment to support transparency in Uganda’s democratic processes, counter corruption globally, and address the broader culture of impunity that prevents all Ugandans from enjoying their human rights and fundamental freedoms,” he said.

The Department of State also designated Ms Among’s spouse, Mr Magogo, Kitutu’s spouse, Michael George Kitutu; and Lugolobi’s spouse, Evelyne Nakimera; they are also ineligible for entry into the US. The additional steps to impose visa restrictions on multiple other Ugandan individuals are being taken under Section 212(a) (3) (C) of the Immigration and Nationality Act under the policy.

In 2023, the US Secretary of State Anthony Blinken announced the expansion of the visa restriction policy to include current or former Ugandan public officials or others who are believed to be responsible for, or complicit in, undermining the democratic process in Uganda or for policies or actions aimed at repressing members of marginalised or vulnerable populations.

“These groups include, but are not limited to, environmental activists, human rights defenders, journalists, LGBTQI+ persons, and civil society organisers. The immediate family members of such persons may also be subject to these restrictions,” he said at the time. 

Several Ugandan government officials and legal minds sounded out in response for this story but declined to comment on the record, but a number of them privately said whoever wins the US presidential election is none of their business because they will be the president of the US, not Uganda.

US-Uganda relations 

Both Donald Trump and Kamala Harris have already demonstrated their foreign policy positions on Uganda and the rest of the countries over human rights violations, abuses and the rule of law.

Under Mr Trump, Ugandan government officials largely avoided sanctions for gross violations and abuse of human rights and the rule of law. But under the Joe Biden-Kamala Harris administration, Ugandan public officials have suffered some of the severest sanctions over the passing of the Anti-homosexuality Bill in 2023, abuse of human rights, and being adversely mentioned for involvement in gross corruption.