Prime
Silencing victims undermines rule of law
Rogers Magala
What you need to know:
- These violations undermine public trust in government and the rule of law, stifling political Opposition and discouraging civic engagement.
Two years ago, renowned novelist Kakwenza Rukirabashaija raised his voice against state brutality, claims which the government dismissed. Known for his critical writings, Kakwenza’s case drew significant attention.
If you have watched Mel Gibson’s 2004 film The Passion of the Christ, you may recall the graphic depiction of Jesus’ back, scarred by ruthless Roman soldiers. Similarly, media images showed Kakwenza’s back marked with scars after he was granted bail by the Buganda Road Chief Magistrate’s Court.
The Uganda Human Rights Commission (UHRC) visited Kakwenza at Kitalya Prison, where he was remanded, and confirmed his injuries. Despite promising to pursue judicial resolution, the UHRC has never fulfilled this commitment.
State actors, including the police, chose not to comment on Kakwenza’s torture claims, despite overwhelming evidence. A similar silence surrounded the arrest and torture of Opposition leader Bobi Wine in Arua until President Museveni publicly stated that his soldiers had beaten him (Bobi Wine) “properly.” Such incidents of human rights violations and the deliberate bypassing of the rule of law are numerous, yet many either ignore them or dismiss them as political stunts.
Recently, allegations of sodomy as a torture tool by state security personnel have increased, particularly among youth affiliated with Opposition parties. After a foiled protest march to Parliament, a victim confided to human rights activist Jimmy Spire Ssentongo on X (formerly Twitter) that they were sodomised while in detention. This echoes a 2009 judgment by retired Justice Remmy Kasule in favour of John Ogil in Ogil vs. Attorney General. Ogil accused government of unlawful arrest, wrongful detention, and acts of sodomy by Uganda People’s Defence Forces (UPDF) soldiers at Gulu Barracks, where he was held for nine months.
The court agreed with Ogil, finding his claims of torture credible, a fact not contested by the Attorney General. Similarly, during the Juba peace talks between 2006 and 2008, Lord’s Resistance Army (LRA) commander Joseph Kony accused the Ugandan government of condoning the sodomising of Acholi men by UPDF soldiers, an act known locally as “Tek-gungu” (forced bend over). Male rape cases were reportedly rampant between 1980 and 1990 by the National Resistance Army, now the UPDF, as documented in Philipp Schulz’s book, “Male Survivors of Wartime Sexual Violence: Perspectives from Northern Uganda.” Initially dismissed as rumours, these accounts were confirmed by the Refugee Law Project, including the harrowing testimony of Julius Okwera, whose home was attacked by NRA soldiers who reportedly raped him and his pregnant wife, leading to her death days later. The UHRC told Okwera that his case was beyond their mandate, and he never received justice.
International human rights organisations, including Amnesty International and Human Rights Watch, have condemned these acts and called for accountability. However, government responses have largely been dismissive or silent.
The impact of these violations on Ugandan society is profound. They undermine public trust in the government and the rule of law, stifling political Opposition and discouraging civic engagement. As sure as night follows day, the downtrodden in Uganda will rise to fight for their rights and reclaim their country from the indifferent ruling class.
The Kakwenzas, Ogils, and Okweras of this country, who have endured torture, ridicule, and rights violations, will relentlessly pursue justice and freedom from their oppressors. Not only shall they go for the ruling class, they will also come for the elite who chose to be silent when their voice would have been the key to their freedom. The silent and silencing elite shall fall on the same sword as the adamant ruling class.
Rogers Magala is a law student.
