Uganda’s anti-terrorism legislation : a quest for justice for victims of terrorism

Abstract

This study examined the effectiveness of Uganda’s Anti-Terrorism legal regime in providing adequate remedies to victims of terrorism in Uganda. The study was specifically guided by three objectives namely: to explore the legal and policy frame work for combating terrorism and protection of the rights of victims of terrorism; to appraise the adequacy of remedies provided under the law for victims of terrorism in Uganda; and to recommend a victim centered approach in addressing terrorism cases. The study was conducted using a cross-sectional survey design. The study employed only qualitative methods of data collection. Data was collected using interview guides through in-depth interviews with 22 highly placed and experienced respondents that included: members of the Uganda Police Force; members of the Directorate of Public Prosecution; the Victims’ counsel at the International Crimes Division of the High Court; members of the bench comprising the judges who participated in the 2010 bombing case in different capacities (one of them being the current Chief Justice); the victims of the 2010 Kampala-Uganda twin bombing case; members of the Academia; and Human Rights defenders. Documentary analysis of the Anti-Terrorism laws was done to examine the adequacy of legal provisions relating to provision of remedies to victims of terrorism in Uganda. The study findings reveal that at the international level there is an aggressive fight against terrorism marked by the passing of numerous binding International Conventions and UN Resolutions proscribing various acts of terrorism. However, none of them specifically provides for remedies to victims of the terrorist acts that they prohibit except the meagre provision under the Hostage Taking Convention which only imposes an obligation on a State in whose territory a hostage is held to take all appropriate measures to secure the release of the hostage and to facilitate his or her departure. In the same vein, it is revealed that the fight against terrorism in Uganda is dominated by the Anti-Terrorism Act, 2002 (as amended) but the remedies to victims of terrorism are limited to arrest, prosecution and punishment of offenders which cannot be considered as adequate in a modern society. The study concludes that the fight against terrorism both internationally and in Uganda is good as it is grounded on a very strong legal regime. However, victims of terrorism are still defenseless because the legal regime does not provide them with protection and remedies that can be considered as adequate in mitigating the grave impact that terror attacks always impose on them. In response therefore, the study recommends in the first category, the enactment of a Witness Protection Law; the strengthening of the Witness Protection Unit of the UPF; and amendment of the International Criminal Court Act, 2010 to include terrorism among the crimes thereunder in order to improve the protection of victims of terrorism in the criminal justice system. Secondly, in order to improve the provision of remedies to victims of terrorism, the study recommends the strengthening of restitution laws; and the establishment of a Victim Assistance and Rehabilitation Fund.