X. Role of Uganda's Foreign Partners in the Military and Security Sector

Uganda 's foreign partners have largely failed to address serious human rights violations by security forces in Uganda, including its counterterrorism forces. The Ugandan government's use of unlawful detention and torture against terrorism and treason suspects violates domestic and international human rights law. And its unwillingness to take action against those responsible, particularly in JATT, is a dereliction of the government's international legal obligations.

Foreign governments who provide training and collaborate with the Ugandan military and police on counterterrorism, national security and justice issues have a substantial responsibility to use their influence with the Ugandan government to stop unlawful detention and torture of suspects in the Kololo facility (and any other detention location illegal or otherwise.) These governments should also urgently call on Uganda to grant detainees access to family members, legal representation and medical attention, and investigate and prosecute abuses by members of the security forces.

In his response to Human Rights Watch, Brig. Mugira explained a series of trainings that JATT agents had received from "partners in the war against terrorism," but did not give any detail about the content of the courses. [258] In an in-person meeting, Mugira told Human Rights Watch that the United States, the United Kingdom and Israel have all provided training to his forces. [259]  

The United States

A US military official confirmed that at least two former JATT directors had received training from the United States and that the courses included a human rights component. [260] Media reports, including those from US military sources, indicate that the US has carried out multiple trainings on counterterrorism for Ugandan military forces in Uganda, in a range of topics including "urban terrorism and counter-insurgency" most recently in December 2008. [261] It is unclear if all members of JATT-including police and intelligence officers-have participated in the US-taught courses.

To receive this US-training, under the terms of the so-called Leahy amendment these individuals had to be vetted for involvement in human rights abuses by the US and passed, because, in principle, the United States prohibits military assistance to gross human rights abusers under this provision. [262] The Leahy Amendment is a binding provision of the Foreign Operations Appropriations Act that must be renewed every year. It prohibits aid and training to units of foreign security forces if there is credible evidence that the unit has committed gross human rights abuses. To comply with the Leahy amendment, embassy personnel must actively monitor the human rights behavior of military units that benefit from US security assistance.

State Department officials contacted by Human Rights Watch said that they monitor the situation of human rights violations by Ugandan military and law enforcement closely and are in touch with Ugandan human rights organizations. [263] Given the often-cited allegations of torture and illegal detention by JATT and CMI by local and international human rights organizations, and by the Uganda Human Rights Commission, it is unclear how these individuals could have been eligible for US funded training.

The US congressional budget request for financial year 2009 for Uganda was 4.75 million USD for peace and security operations including 150,000 USD for counter-terrorism activities. The written explanation of the allocation states: " Funds will . . . be used to continue to restore professionalism in Uganda's military . . . . Due to Uganda's strategic location and porous borders, additional funds will be provided to deny terrorist sponsorship and sanctuary." [264]

In 2005, Uganda also began using the US-funded Terrorist Interdiction Program at border points and the international airport in Entebbe. According to media reports, the program is "designed to collect and analyse data of passport holders" and allows "Ugandan immigration officials to identify and intercept individuals of interest." [265] Given the prolonged illegal detention of the two South Africans who were arrested at Entebbe Airport, the United States should ensure that the rights of any individual identified through the use of the system are protected and that those individuals are not held beyond the constitutional limits.

The United Kingdom

Historically, the United Kingdom has been one of Uganda's largest bilateral donors. In 2007, the UK signed a 10-year £700 million (1.1 billion USD) development plan to help the country rebuild after decades of civil conflict. [266] Half of the £70 million (101 million USD) for 2006-2007 was in the form of direct budget support; the other portion was for reconstruction of the war-ravaged north. [267] According to news reports, " the Ugandan government has agreed to a focus on poverty reduction, financial accountability and respecting human rights." [268]

Between December 2001 and December 2005, the UK provided Uganda with £500,000 (1 million USD) to carry out its first strategic Defence Review. According to Hilary Benn, former UK Secretary of State for International Development, "the aim of the Defence Review [was] to make the Uganda People's Defence Force more professional and accountable within the resources available for defence expenditure."[269] Britain has, at times, suspended or delayed aid to Uganda when the president sought to increase spending on the defense sector.[270]

Given the ties between the UK and Ugandan militaries, the UK has a particular responsibility to raise human rights concerns directly with the Ugandan government, especially the Ministry of Defence and senior commanders in the Ugandan armed forces, to ensure that abuses by JATT and CMI agents are investigated and prosecuted.