A. Introduction
89.
The Committee welcomes the submission of the initial report of Uganda, which is in
accordance with the Committee’s guidelines, but regrets the delay of 16 years in the
submission of the report. It commends the frankness of the report, which admits shortcomings
in the implementation of the Convention in the State party. The Committee appreciates the
constructive dialogue established with a high-level representative delegation and welcomes the
candid and comprehensive responses to the questions raised during the dialogue.
B. Positive aspects
90.
The Committee notes with satisfaction the following positive developments:
(a)
The establishment in 1996 of the Uganda Human Rights Commission under
articles 51 to 59 of the Constitution and in accordance with the Principles relating to the status of
national institutions for the promotion and protection of human rights (the Paris Principles),
which is endowed with powers to address human rights violations, and the human rights desks in
the army, police stations and prisons;
(b)
The abolition of corporal punishment following Criminal Appeal No. 16 of 1999
(Supreme Court) Kyamanywa v. Uganda;
(c)
The permission granted to many NGOs to operate freely in the country;
(d)
The generous approach taken by the Government of Uganda in hosting more
than 200,000 refugees and in fully respecting the principle of non-refoulement;
(e)
The ratification by the State party of most major international human rights
conventions;
(f)
The ratification by the State party, on 14 June 2002, of the Rome Statute of the
International Criminal Court;
(g)
The current discussions in the State party with regard to the ratification of the
Optional Protocol to the Convention.
C. Factors and difficulties impeding the implementation of the Convention
91.
The Committee acknowledges the difficult situation of internal armed conflict in
northern Uganda. However, it points out that no exceptional circumstances whatsoever may be
invoked as a justification of torture.
D. Subjects of concern
92.
The Committee notes with concern that the State party has neither incorporated the
Convention into its legislation nor introduced corresponding provisions to implement several
articles, in particular:
(a)
The lack of a comprehensive definition of torture in the domestic law as set out in
article 1 of the Convention;
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