By Teddy Namayanja
For over two decades, the Foundation for Human Rights Initiative (FHRI) has been at the forefront of the campaign to abolish the death penalty in Uganda. Through relentless advocacy, strategic partnerships, and unwavering commitment, FHRI has made significant strides towards achieving its goal.
Early Years (2001-2010)
FHRI’s campaign against the death penalty began in 2001, with a focus on research, awareness-raising, and engagement with policymakers. The organization worked closely with local communities, religious leaders, and civil society organizations to build a grassroots movement against capital punishment.
Key Milestones
- In 2003, FHRI filed a constitutional petition on behalf of all prisoners on death row in Uganda to challenge the death penalty and its application in Uganda. Thereafter, FHRI spearheaded the formation of the Civil Society Coalition on the Abolition of the Death Penalty in Uganda together with six other Civil Society Organizations in Uganda.
- On 4th September 2003, the Coalition filed the petition against capital punishment through the entire death row population, making it the first of its kind in world history. The petitioners contended that the sentence was inconsistent with Articles 24 and 44 of the 1995 Constitution of the Republic of Uganda. All the petitioners had been convicted of diverse capital offences in their individual capacity under the Penal Code Act, and had been sentenced to death.
- The landmark case of Susan Kigula, Fred Tindiwihura, Ben Ogwang and 414 others Vs the Attorney General, filed through Katende, Ssempebwa & Co. Advocates, declared the mandatory death penalty unconstitutional. It condemned the delay of three or more years in carrying out the execution following confirmation of the sentence by the Supreme Court, stating that the uncertainty had horrible effects on a prisoner’s mental health. An appeal of some of the sections in the Constitutional Court which had its ruling delivered on 10th June 2005 declared it as unconstitutional. The Supreme Court hearing took place on 3rd July 2008 and judgment delivered on 21st January 2009.
- Although, the Constitutional Court and Supreme Court held that the death penalty is in itself constitutional, the outcome of the Susan Kigula case was a major victory in the campaign that had lasted 15 years.
- 2005: FHRI launched the “Uganda Anti-Death Penalty Coalition,” bringing together like-minded organizations to amplify the abolitionist voice.
- 2010: FHRI partnered with the Uganda Law Reform Commission to review the constitutionality of the death penalty. 2015: The Ugandan government established a moratorium on executions, marking a significant step towards abolition.
Strategic Partnerships
FHRI’s success would not have been possible without the support of key stakeholders, including:
- Donors: The European Union, Swedish International Development Cooperation Agency (Sida), and the Open Society Foundations have provided crucial financial support.
- International Organizations: Amnesty International, Human Rights Watch, and the International Federation for Human Rights (FIDH) have offered technical expertise and global advocacy.
- Local Partners: The Uganda Human Rights Commission, Uganda Law Society, and civil society organizations have collaborated on advocacy and awareness-raising efforts.
Outstanding Contributors
- Dr. Livingstone Sewanyana: FHRI’s Executive Director, Dr. Sewanyana has been instrumental in shaping the organization’s strategy and advocacy efforts. He has also authored a book of essays on human rights in Uganda, offering valuable insights and expertise.
- Justice James Ogoola: The former Principal Judge of the High Court of Uganda and a Justice of the COMESA Court of Justice in Lusaka, Zambia and the former chairperson of the Judicial Service Commission of Uganda has provided invaluable guidance and expertise.
- Ugandan Members of Parliament: Hon. Fox Odoi, Hon. Medard Sseggona, and Hon. Betty Nambooze have championed abolitionist legislation.
- The Uganda Prisons Service
Awards and Recognition
FHRI has received several awards for its human rights work, including recognition for its efforts to abolish the death penalty. Dr. Livingstone Sewanyana has also been acknowledged for his contributions to human rights, serving as a UN independent expert on the promotion of a democratic and equitable international order.
Challenges and Future Directions
While significant progress has been made, challenges persist. FHRI continues to face resistance from some lawmakers and sections of the public. To overcome these obstacles, the organization will:
• Intensify public awareness campaigns
• Intensify publicity campaign
• Engage further with policymakers and law enforcement agencies
• Strengthen regional and international partnerships
The Foundation for Human Rights Initiative’s tireless efforts has brought Uganda closer to abolishing the death penalty. As FHRI looks to the future, it is clear that its success is attributed to the collective efforts of dedicated individuals, institutions, and partners. Together, they will continue to advocate for a justice system that upholds human rights and dignity.
Report compiled by Ms. Teddy Namayanja, she’s a Staff Writer at SML News UG, passionate about Politics, Justice, Law & Order and Human Rights.