l

PARLIAMENT OF UGANDA

REPORT OF THE SELECT COMMITTEE ON INQUIRY INTO ALLEGATIONS

OF SEXUAL VIOLENCE IN INSTITUTIONS OF LEARNING IN UGANDA

OFFICE OF THE CLERK TO PARLIAMENT

FEBRUARY, 2019
--------------------------------------

TABLE OF CONTENTS

ACRONYMS ................................................................................................................ iii

EXECUTIVE SUMMARY ............................................................................................. iv

1 INTRODUCTION .................................................................................................... 1

2 BACKGROUND ...................................................................................................... 2

3 TERMS OF REFERENCE ....................................................................................... 6

4 METHODOLOGY ................................................................................................... 6

4.1 Public Hearings ............................................................................................... 6

4.2 Field Visits ...................................................................................................... 7

4.3 Document Review ............................................................................................ 7

5 CHALLENGES FACED BY THE COMMITTEE DURING THE INQUIRY ................... 9

6 FINDINGS, OBSERVATIONS AND RECOMMENDATIONS .................................... 10

6.1 TOR 1: CAUSES AND EXTENT OF SEXUAL VIOLENCE IN INSTITUTIONS OF

LEARNING AND ITS NEGATIVE EFFECTS OF SEXUAL VIOLENCE ON THE
POPULATION ......................................................................................................... 10

6.1.1 Extent of Sexual Violence in Institutions of Learning ................................. 10

6 .1.2 Causes of Sexual Violence in Institutions of Learning ................................ 19

6.1.3 Adverse Effects of Sexual Violence on the Population ............................... .45

6.2 TOR 2: REVIEW OF LAWS AGAINST SEXUAL VIOLENCE IN UGANDA ......... 51

6.2.1 International Instruments ........................................................................ 51

6.2.2 Regional Instruments ............................................................................... 52

6.2.3 National Legislation ...................................... , .......................................... 54

6.2.4 Gaps and Weaknesses in the Legal Framework ......................................... 58

6.3 TOR 3: POLICIES AVAILABLE FOR THE MANAGEMENT AND CONTROL OF

SEXUAL VIOLENCE IN UGANDA ............................................................................ 66
 6.3.2 Education Sector Policies ......................................................................... 66

6.3.3 Gaps in the Policy Framework .................................................................. 68

6.4 TOR 4: MEASURES TO ADDRESS SEXUAL VIOLENCE WHEN IT OCCURS ... 72

6.4.1 Legal Measures ........................................................................................ 72

6.4.2 Policy Measures ....................................................................................... 73

6.4.3 Institutional Measures ............................................................................. 74

6.5 TOR 5: MEASURES FOR CREATING AWARENESS ON SEXUAL VIOLENCE IN

INSTITUTIONS OF LEARNING ............................................................................... 82

6.5.1 Policy Measures ....................................................................................... 82

6.5.2 Institutional Measures in Schools ............................................................. 83

6.5.3 Measures in Universities and Tertiary Institutions .................................... 85

6.6 TOR 6: PROCEDURES OF RECEIVING, INVESTIGATING AND RESOLVING

COMPLAINTS OF SEXUAL VIOLENCE IN INSTITUTIONS OF LEARNING ............... 88

6.6.1 Administrative Procedures in Universities and Tertiary Institutions ........... 88

6.6.2 Administrative Procedures in Schools and Colleges ................................... 94

6.6.3 Criminal Processes and Procedures .......................................................... 99

6.7 TOR. 7: SUPPORT SERVICES ACCORDED TO VICTIMS OF SEXUAL

VIOLENCE . .......................................................................................................... 111

6.7.1 National Policy Imperatives .................................................................... 111

6.7.2 Support Services Accorded to Victims ..................................................... 112

7 CONCLUSION .................................................................................................... 121

8 ANNEXES ......................................................................................................... 123

11
ACRONYMS

BOG: Board of Governors

DEO: District Education Officer

EC: Emergency Contraceptives

FAWEU: Forum for African Women Educationalists Uganda

JLOS: Justice, Law and Order Sector

MGLSD: Ministry of Gender, Labour and Social Development

MoES: Ministry of Education and Sports

MoH: Ministry of Health

MoJCA: Ministry of Justice and Constitutional Affairs

MoLG: Ministry of Local Government

MUK: Makerere University

MUST: Mbarara University of Science and Technology

NCHE: National Council for Higher Education

ODPP: Office of the Directorate of Public Prosecutions

PEP: Post-Exposure Prophylaxis

PF3: Police Form 3

SMC: School Management Committee

SMT: Senior Man Teacher

SWT: Senior Woman Teacher

EXECUTIVE SUMMARY

The Parliamentary Select Committee on Inquiry into Allegations of Sexual

Violence conducted an inquiry into the problem of sexual violence in institutions
of learning in Uganda. The inquiry arose from a motion presented to Parliament
by Hon. Anna Adeke Ebaju, (National Female Youth Representative) which was
instigated by the numerous and repeated media reports of gross acts of sexual
violence in institutions of learning at all levels

The Committee's terms of reference were to: study the causes and extent of the
vice of Sexual Violence in Institutions of learning in the country and its negative
effects on the population; study and review laws against sexual violence in
Uganda; study policies available for the management and control of sexual
violence in Uganda; study the measures that have been put in place to address
sexual violence when it occurs; study any measures that have been put in place
to create awareness on sexual violence in institutions of learning; study the
procedure of receiving, investigating and resolving complaints on reports of
sexual violence in institutions of learning; and to study the support services
accorded to victims of sexual violence like counselling and medical services etc.

In the execution of the Inquiry, the Committee employed both qualitative and
quantitative approaches to collect and analyze the information received from
various stakeholders. It interfaced with thirty-nine (39) institutions comprising of
government ministries, agencies and departments, professional bodies, civil
society organisations and three (3) individuals. In addition, the Committee visited
a total of thirty-three (33) institutions of learning comprising of eleven (11)
primary schools, eleven (11) secondary schools, two (2) primary teachers' colleges
and nine (9) Universities where it interfaced with the administration of the
institutions, learners and district officials from whom it elicited vital information
that formed the basis of the recommendations in this Report. It held a public
hearing where twenty-one (21) witnesses appeared and testified and reviewed
Below is a summary of the key findings, observations and recommendations,

a) Extent of sexual violence in institutions of learning: The Committee

found out that sexual violence is widespread in virtually all the institutions
of learning visited. However, the actual prevalence of the vice in the country
is difficult to determine as many of the cases are never reported. 39%
percent of the respondents interviewed from primary, secondary and
tertiary institutions said that they had personally experienced some form of
sexual violence or harrasment or knew of classmates and peers who had
experienced it. The Committee recommends that:
i) The MoES should formalize the collection of data on sexual violence in
institutions of learning. The data should focus on the extent and the
various forms of sexual violence, the drivers and consequences of the
vice, and should disaggregate both victims and perpetrators of violence
by age, position and sex. The data should be validated, consolidated
and published by the MoES on an annual basis.
ii) MoES should annually update Parliament on the scale and magnitude
of sexual violence in institutions of learning in the country and the
actions taken to mitigate the vice.
b) Forms of sexual violence: The Committee established that sexual violence
in institutions of learning manifests in various forms including defilement,
rape, verbal and non-verbal sexual harrasment. At University and Tertiary
level, the Committee found out that it is common for lecturers to
intentionally fail students or withhold their marks under the guise of
"missing marks" to increase the students' vulnerability to yield to their
sexual demands. This form of sexual exploitation is commonly known as
"sexually transmitted marks" or "sex for marks".
c) Perpetuators of sexual violence:The vice is majorly perpetuated by male
teachers and lecturers and male learners against female learners. However,
male learners too are vulnerable to the vice though most of them do not
report due to gender stereotypes that boys or men cannot be abuse ·.

t' JV~
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 During the inquiry, the Committee was furnished with some names of
notorious perpetuators of sexual violence in institutions of learning. The
names have not been published in the report in view of the attendant legal
implications. However, the names of the alleged perpetuators will be availed
to the relevant government institutions for investigation and prosecution,
upon the adoption of the report or on request by Parliament. The
Committee has attached brief details of the cases to the report for purposes
of aiding Parliament in reaching a decision (Refer to: Annex 5).
d) Causes of sexual violence:The Committee found out that sexual violence
in institutions of learning is caused by a myriad of factors ranging from
social, cultural, economic, institutional to environmental factors. However,
poverty and moral degeneration stood out as the key driving factors for the
vice. Other causes are: harmful religious and cultural beliefs and practices,
societal acceptance of sexual violence, increasing levels of drug and
substance abuse, exposure to pornography, lack of life skills and sexuality
education, culture of silence, misuse of power and authority, lack of
professionalism, laxity in law and policy enforcement, inadequate
supervision and monitoring, weaknesses in examination management
systems and inadequate and unsafe physical infrastructure. The
recommendations for addressing each of the above factors are detailed in
the report.
e) Negative effects of sexual violence on the population: The Committee
notes that learners who experience sexual violence find difficulty to
concentrate in class, some even loose interest in studying and transfer to
new institutions or simply drop-out of school hindering their educational
performance and curtailing their future aspirations. In addition, sexual
violence is associated with numerous health risks including sexually
transmitted diseases, early pregnancies which often result into school
dropout and injury or death arising from unsafe abortions.
The consequences of sexual violence on female learners are exacerbated by
the ab ence of a clear policy for retention and re-entry of
o•
 pregnancy girls in schools. Girls who become pregnant in schools as a
result of sexual violence are expelled as a disciplinary measure to deter
others from getting pregnant and are not allowed to return to the same
school after giving birth which deprives them of their right to education.
The Committee recommends that the Education Act, 2008 should be
amended to give effect to the right of pregnant girls to be retained and
reintegrated in education institutions after giving birth. In addition, MoES
should fast track the formulation and implementation of policy guidelines for
the retention and re-integration of pregnant girls in school in any case not
later than December, 2019.
f) Review of laws against sexual violence in Uganda: The Committee notes
that there are several laws that provide avenues for the protection of
learners against sexual violence and punishment of perpetuators. However,
the Committee found glaring gaps in these laws which need to be urgently
addressed. These include; the absence of a comprehensive law on sexual
offences, the lack of comprehensive legal provisions in the education sector
and lack of a witness protection law. To address these issues, the
Committee recommends that:
i) Parliament should fast track the passing of the Sexual Offences Bill,
2015 subject to the amendments proposed in this report.
ii) Government should consider amending the Education Act, 2008 to:
explicitly prohibit sexual relations between learners and teachers
whether consensual or not, to reinforce existing provisions in the
Teachers' Professional Code of Code; classify sexual violence as a
serious form of professional misconduct; prescribe clear sanctions for
.perpetuators; impose a legal duty of care on teachers and schools to
protect learners against sexual violence andrespond effectively to
reports of abuse; provide for mandatory reporting of sexual violence to
police and MoES by teachers and schools andimpose stiff penalties on
schools for failure to report a :; or take action again~t perpetuators of
sexual violence. "
o, vii
g) Policies available for the management and control of sexual violence
in Uganda: The Committee established that Uganda lacks a comprehensive
policy for the prevention and management of sexual violence in institutions
of learning. The National Strategic Plan on Violence Against Children in
Schools and the Reporting, Tracking, Referral and Response (RTRR)
Guidelines which are meant to facilitate reporting and tracking of cases of
sexual violence in schools are inadequate, and incomplete distribution and
lack of training on their content have impeded their impact.
The Committee recommends that MoES should in consultation with the
relevant stakeholders formulate a specific and comprehensive policy for the
prevention and management of sexual violence and harrasment in schools.
h) Measures that have been put in place to address sexual violence when
it occurs:
The Committee notes that legal, policy and institutional measures exist for
addressing sexual violence when it occurs. However, lack of
standardisation of University policies, laxity in implementation and weak
disciplinary systems have engendered an environment of impunity
effectively subduing victims into perpetual silence. In many cases,
disciplinary proceedings against abusive teachers are not concluded
because MoES is barred from taking disciplinary action when criminal
proceedings against the teacher are still ongoing. Teachers who are
allegedly involved in defiling learners are transferred to other schools
further escalating the vice to other institutions.
The Committee therefore recommends that:
The Education Service Act and the attendant subsidiary legislation
should be amended for disciplinary proceedings to run parallel to
criminal proceedings. This will permit the MoES to dismiss teachers on
the basis of professional misconduct irrespective of the status or
outcome of criminal proceedings.
National Council for Higher Education should fast track the formulation
of comprehensive policy guidelines for universities and tertiary

~
() ' viii

k:YD) ~
 institutions to foster coherence in addressing sexual harrasment in
these institutions not later than June 2019. The Council should ensure
that the policy guidelines are adopted and enforced.
iii) MoES should take stem action against perpetuators of sexual violence
in institutions of learning and should not merely transfer them to other
institutions. Teachers who are found culpable for sexual misconduct
should have their teaching licenses revoked and their names struck off
the register of teachers.
i) Measures that have been put in place to create awareness on sexual
violence in institutions of learning: The Committee notes that there is a
general lack of awareness about sexual violence in the country. Although
MoES policies recognize the need to create awareness about violence in
schools, the Ministry has not done much in terms of implementing these
policies. Most of the awareness programs in institutions of learning are
implemented by Non-governmental Organisations and are therefore limited
to the project areas of these organizations. The Committee further observes
that the awareness programs in universities and tertiary institutions are
implemented on an adhoc basis, are limited in scope and coverage and
therefore have less if any, impact. For example, the orientation program is
a one-off event for only new staff and students, and it is not compulsory.
The Committee recommends that:
i) MoES should prioritize the implementation of programs aimed at creating
awareness on sexual violence in all schools in its budget for the FY
2019/2020.
ii) Universities and Tertiary institutions should adopt a wide spread and
consistent approach of creating awareness on sexual harrasment within
and outside the University community and should allocate a specific
budget for the same every financial year. The availability of awareness
programs should form part of the NCHE quality assurance framework for
licensing, routine monitoring and audit
institutions.
1X
j) The procedure of receiving, investigating and resolving complaints on
reports of sexual violence in institutions of learning: The Committee
notes that while administrative mechanisms for receiving, investigating and
resolving complaints exist in institutions of learning, they are too weak to
effectively detect and respond to incidents of sexual violence. For example,
Senior Women Teachers who are entrusted with reporting cases in schools
lack a clear understanding of their roles and are not adequately skilled to
deal with cases involving teachers. The Committee recommends that MoES
should fast track guidelines for streamlining the position of the Senior
Women (SWT)/ Man Teachers (SMT) in the school structure not later than
June, 2019 and should prioritize training of SWT/ SMT to bolster their
capacity to detect, report and respond incidents of sexual violence.

The Committee further noted several gaps and deficiencies at the various
levels of the criminal justice system which inhibit victims from accessing
justice. These include: mismanagement of cases by police officers and state
attorneys, challenges in the forensic examination of victims including
unavailability of Police Form 3 at police stations, reluctance of medical
doctors to examine victims, lack of equipment in health facilities,
protracted investigations and court trials, and unfriendly court
environments. The recommendations for addressing each of the above
issues are detailed in the report.

k) Support services accorded to victims of sexual violence (like

counselling and medical services etc): The Committee notes that while
govemment has committed through various policies to provide medical,
legal, psychosocial services and other types of service to victims of sexual
and gender-based violence, the services are limited and inaccessible to
victims due to several factors including; limited knowledge of the existing
services, absence of medical services in some health facilities, lack of follow
up me~alnisms, uncoordinated, lengthy and overly bureaucratic processes,

f
X
inadequate psychosocial services and absence of legal support services. The
Committee stresses need for an integrated support service provision model
to improve linkages between service providers, protect victims from
secondary victimization and ease access to support services by victims of
sexual violence. The Committee recommends that government fast tracks the
establishment of Recovery Centers for victims of sexual violence across the
country in a phased manner effective the financial year 2020/2021.

XI
1 INTRODUCTION

On 12th April 2018, Parliament unanimously agreed to institute a Select

Committee to investigate allegations of Sexual Violence in Institutions of Learning
in Uganda in line with Rule186 of the Rules of Procedure of the Parliament of
Uganda.

The decision to institute a Select Committee was preceded by a motion presented

by Hon. Anna Adeke Ebaju, (National Female Youth Representative) and
seconded by Hon. Veronica Eragu Bichetero (Kaberamaido County) and Hon.
Anthony Okello (Kioga County),seeking a resolution of Parliament to inquire into
allegations of Sexual Violence in Institutions of Learning in Uganda. The motion
was presented against a backdrop of numerous and repeated media reports of
gross acts of sexual violence in institutions of learning at all levels.

Subsequently, on Tuesday 14th August, 2018, the Rt. Hon. Speaker, Rebecca A.
Kadaga, constituted a Select Committee comprising of the following members to
conduct the inquiry:

1. Hon. Robina Gureme Rwakoojo Gomba West County (Chairperson)

2. Hon. Babirye Sarah Kityo Youth Representative, Central
3. Hon. Onyango Gideon Samia Bugwe North County
4. Hon. Kisa Stephen Luuka South County
5. Hon. Mwine Mpaka Youth Representative, Western Region
6. Hon. Anthony Okello Kioga County
7. Hon. Katusabe Atkins Godfrey Bukonjo West County
8. Hon. Babirye Mary Kabanda Woman Rep. Masaka District
9. Hon. Anywarach Joshua Carter Padyere County 0'

The Committee conducted the inquiry and hereby reports.

J "-
J 1
2 BACKGROUND

The World Health Organisation (WHO), defines sexual violence as: "any sexual
act, attempt to obtain a sexual act, unwanted sexual comments or advances, or
acts to traffic, or otherwise directed, against a person's sexuality using coercion,
by any person regardless of their relationship to the victim, in any setting,
including but not limited to home and work"'.

Sexual violence encompasses a wide range of offences including:-completed non-

consensual sex acts (i.e. rape), attempted non-consensual sex acts, abusive
sexual contact (i.e. unwanted touching), and non-contact sexual abuse (e.g.
threatened sexual violence, exhibitionism, verbal sexual harassment). This also
includes; the inducement or coercion of a child to engage in any unlawful or
psychologically harmful sexual activity, the exploitative use of children m
prostitution or other unlawful sexual practices, and the exploitative use of
children in pornographic performances and materials, and the provision of gifts
especially from men to girls or from women to boys in return for sex2.

Uganda is a signatory to various international and regional legal and policy

instruments, that promote the advancement and protection of the rights of
learners against sexual violence. Notable amongst these is the United Nations
Convention on the Rights of the Child which obliges government to take the
appropriate legislative, administrative, social and educational measures to protect
a child from all forms of violence including sexual violence and, to ensure that
children grow up, learn and complete the education cycle and develop in a violent
free environment3.

Further still, Uganda has adopted the United Nations Sustainable Development
Goals (SDGs), which inter alia stress the need for access to education for
sustainable development. Goal 4 specifically requires countries to provide
1Jewkes R, Garcia-Moren C, Sen P. Sexual violence. In: World report on violence and health.

Geneva, World Health Organization, 2002:149-181

2 Report on CEDAW Mid-term Review of the Government of Uganda, 2012 cited in the National

Strategic Plan on Violence Against Children in Schools (2015-2020)

3 Article 19, United Nations Convention on the Rights of a Child

2
inclusive and equitable quality education and lifelong learning opportunities for
all. This includes providing safe, non-violent, inclusive and effective learning
environments for all. Goal 5 obliges countries to achieve gender equality and
empower all women and girls. This includes eliminating all forms of violence
against all women and girls in the public and private spheres, including
trafficking and sexual and other types of exploitation. The SDGs have defined
new targets and indicators that have to be achieved by 2030.

At national level, the Constitution of the Republic of Uganda, 1995 recognizes the
right to education for all persons4 as a fundamental human right and impresses
upon the state a duty to ensure access to education for all Ugandanss including
taking appropriate measures to afford every citizen equal opportunity to attain
the highest educational standard possible6.The Constitution further protects
children from social and economic exploitation, which includes commercial
sexual exploitation7 and obliges every citizen to protect children and vulnerable
persons from any form of abuse, harassment or ill-treatments.

Sexual violence is a pervasive global phenomenon that transcends nationality,

ethnicity, and socioeconomic status. Global estimates indicate that 150 million
girls and 73 million boys have experienced sexual violence9. Nearly half of all
sexual assaults are committed against girls younger than sixteen yearsJO. Data
conducted in different parts of the world suggested that, between 7% and 36% of
girls and between 3% and 29% of boys have suffered from child sexual abuse.
The majority of studies concluded that, sexual violence against girls is 1.5-3
imes more widespread than that against boys. Of the reported cases of child

4Article 30 of the Constitution of the Republic of Uganda, 1995

5 0bjective XIV of the National Objectives and Directive Principals of State Policy
6 0bjective XVIII of the National Objectives and Directive Principals of State Policy
7
Article 34
'Article 17(c)
9 World Health Organisation (2002) World Report on Violence and Health. Geneva, WHO
10 World Health Organisation (2005)WHO Multi-country Study on Women's Health and Domestic

Violence against Women: Initial Results on Prevalence, ealth Outcomes, and Women's
Responses. Geneva WH0
Q 1
3

f
sexual abuse, only 10-15% involve boys, a finding which highlights the
discrepancy between reporting and occurrence of sexual violence in boys. 11

There isevery indication that sexual violence has been and is still happeningin
learning institutions in Uganda. Comparative statistics from Southern and
Eastern Mrica, indicate that sexual harrasment among pupils in Uganda was
41% in 2001 and increased to 58% in 2007. Sexual harassment of pupils by
teachers in Uganda more than doubled within seven years which was not the
case for Kenya and Tanzania. 12A research by the Ministry of Education and
Sports further indicates that sexual violence in schools especially amongst girls is
wide spread'3. The study found out that 77.7% of the primary school children
and 82% of secondary school students experienced sexual abuse while at school;
8% of those were subjected to defilement, 24% were spoken to in a sexual way,
18% received marriage proposals and 25% are fondled/ touched in a sexual
manner while 29% are made to watch sexual scenes (pornography).

Further still, the Uganda Demographic Health Survey (UDHS) 2016, indicated
that, the number of students in primary schools that experienced sexual violence
was 2,101 male vs 5,325 female whereas in secondary schools the number of
students was 1,027 male vs 2,241 females and in institutions beyond secondary
schools was 475 male vs 726 females. This demonstrates that sexual violence is
rampant in institutions of learning which calls for immediate government
intervention.l4

Statistical data on the prevalence of sexual violence in Universities and tertiary

institutions in Uganda is limited. However, the few studies that have been
undertaken in specific universities 15 and media reports indicate shocking

11 !bid
12 National Strategic Plan on VACis (MoES, 2015-2020)
13 "Assessing Child Protection, Safety &Security Issues for Children in Uganda Primary and
Secondary Schools (November 20 13)"
14 Uganda Demographic Health Survey 2016, (Page 54)

JSFor example, the Report of invesngation of Sexual Harrasment at Makerere Umversity, August

2018 ~ A~lA"Drn>'~l~~1;1
~0 4 -- -
...
revelations of gross acts of sexual harrasment in these institutionsi6. Increasingly
there have been reports of students subjected to sexual harrasment in exchange
for grades an issue which has affected the quality of higher education and the
credibility of higher education institutions in the country.

Sexual violence against learners impairs the right to education by fostering a

hostile learning environment. Its consequences are dire as it leads to teenage
pregnancies, sexually transmitted diseases and ultimately school
dropouts;conditions which distract learners from focusing on their education and
reducetheir chances of pursuing higher education and attainment of full
potential.

Sexual violence has become a matter of grave national concern which has
prompted government to make several interventions to address the vice including
establishing enabling laws and policies. Notable amongst the policies is the
National Strategic Plan on Violence Against Children in Schools, 2015-2020
whose overall objective is to ensure that measures are put in place to prevent,
protect and respond to violence against children in schools. In addition, the
Ministry of Education and Sports formulated Guidelines for Reporting, Tracking,
Referral and Response to Violence Against Children in Schools (RTRR Guidelines)
to aid schools in dealing with cases of violence against children, sexual violence
inclusive.

Despite these interventions,sexual violence in learning institutions right from

primary schools to universities and tertiary institutions continues to thrive and is
gradually becoming a national crisis. It is against this background that
Parliament of Uganda instituted a Select Committee to inquire into allegations of
sexual violence in institutions of learning to propose lasting solutions to the
problem.
3 TERMS OF REFERENCE

The Committee was given the following Terms of Reference;

1. To study the causes and extent of the vice of Sexual Violence in Institutions
of learning in the country and its negative effects on the population;
2. To study and review laws against sexual violence in Uganda;
3. To study policies available for the management and control of sexual
violence in Uganda;
4. To study the measures that have been put in place to address sexual
violence when it occurs;
5. To study any measures that have been put in place to create awareness on
sexual violence in institutions of learning;
6. To study the procedure of receiving, investigating and resolving complaints
on reports of sexual violence in institutions of learning;
7. To study the support services accorded to victims of sexual violence like
counselling and medical services etc.

4 METHODOLOGY

The Committee used both qualitative and quantitative approaches to collect and
analyze the information received from various stakeholders. The Committee did
the following:-

4.1 Public Hearings

a) The Committee held meetings with several stakeholders where it received

and reviewed written memoranda. The list of the stakeholders is attached
as Annex 1.
b) The Committee published an advert inviting members of the general public
to submit their views on the subject matter of the inquiry. In response
twenty-one (21) witnesses appeared and testified (Annex2).
4.2 Field Visits

a) In line with the Terms of Reference for the inquiry, the Committee
conducted field visits to selected institutions of learning in the five regions
of Uganda i.e. Central, Eastern, Northern, Western and Southern. For every
region, the Committee selected atleast three institutions of learning
representing a primary, secondary and tertiary institution.It visited a total
of thirty-three (33) institutions of learning in twenty-six (26) districts of
Uganda. These comprised of eleven (11) primary schools, eleven (11)
secondary schools, two (2) primary teachers' training colleges and nine (9)
universities. (Refer to Annex 3).During the field visits, the Committee
interfaced with several stakeholders as listed in Annex 4.
b) The institutions of learning were drawn from lists obtained from Ministry of
Education and Sports and the National Council for Higher Education
websites, respectively. While a majority of the institutions of learning were
selected randomly, some were purposively selected on the basis of reported
incidents of sexual violence by stakeholders.
c) Given the sensitivity of the subject matter of the inquiry, the Committee
used structured questionnaires to capture the views of learners and
educatorswhile at the same time protecting them from the risk of
victimization.The questionnaires were administered to a total of 1,150
respondents comprising of 296 educators (lecturers and teachers) and 854
learners.In addition, learners were given blank sheets of paper where they
recorded names of perpetuators of sexual violence in their institutions or
any other institution that they were aware of. This approach protected the
identity of the learners and insulated them from the risk of victimization.

DocumentReview

The Committee reviewed the following documents;

a) National Laws, including;

The Constitution of the Republic of Uganda, 1995 (as amended)

7
 ii) The Education (Pre-Primary, Primary and Post Primary) Act,
2008
iii) The Education Service Act, 2002
iv) The Universities and Tertiary Institutions Act, 2001
v) The Penal Code Act, Cap 120 (as amended)
vi) The Children's Act, Cap 59 (as amended)
b) International instruments to which Uganda is a party, including;

i) Universal Declaration of Human Rights

ii) The United Nations Convention on the Rights of the Child
iii) Convention on the Elimination of All Forms of Discrimination
against Women
iv) African Union Charter on the Rights and Welfare of a Child
v) The United Nations Declaration on the Elimination of Violence
Against Women

c) Key Government Policies, including;

i) Uganda Vision 2040

ii) National Development Plan 11 (2015116-2019120)
iii) Sustainable Development Goals
iv) Education Sector Strategic Plan (20 17 I 18 - 2019 I 20)
v) National Strategic Plan on Violence Against Children in Schools
(20 15-2020)
vi) Reporting, Tracking, Referral and Response Guidelines on
Violence against Children in Schools
vii)National Sexuality Education Framework, 2018
viii) Gender in Education Policy, 2016

d) Previous studies on Sexual Violence in Uganda, including;

i) Assessing Child Protection, Safety and Security Issues for

Children in Ugandan Primary and Secondary Schools by the
Ministry of Education and Sports (20 12)

~~~
 ii) Ministry of Gender, Labour and Social Development: Findings
from a National Survey, 2015, Kampala, Uganda UNICEF 2015
iii) Uganda Demographic Health Survey, 2016
iv) Report on Investigation of Sexual Harrasment at Makerere
University, June 2018.

5 CHALLENGES FACED BY THE COMMITTEE DURING THE INQUIRY

1. The Committee visited institutions of learning at a time when learners

were writing their UNEB examinations and end of year j semester
examinations. The Committee wastherefore unable to interface with
some of the district, school and University officials who were busy
supervising the examinations. Nevertheless, the Committee is confident
that it captured most of the key issues relating to the subject matter of
the inquiry.
n. Some respondents were hesitant to provide the Committee with
information for fear of being reprimanded by persons in authority,
endangering the victims of sexual violence and denting the reputation of
the institution.Learners were particularly not convinced that anything
would be done after this Inquiry to substantially change the way sexual
violence is addressed in institutions of learning. To allay these fears, the
Committee assured the respondents that the information gathered
would be treated with utmost confidentiality and employed data
collection methods that guaranteed the anonymity of the victims.
Due to time constraints and the magnitude of the assignment, the
Committee was unable to conduct one-on-one interviews with victims of
sexual violence. However, the Committee endeavored to capture the
voices of the victims through questionnaires and blank sheets of paper
where learners recorded names of perpetuators of sexual violence in
their institutions and shared their personal experiences. The public
hearing further gave room to stakeholders who had been left out to
share their G.periences on the subject matter.

t
9

-KJ~"--
 iv. The Committee had planned to undertake study visits to Kenya and
South Africa to study and compare best practices and experiences in the
management and control of sexual violence in institutions of learning.
However, the Committee was unable to secure invitation letters in time
to undertake the benchmarking visits. The Committee believes that the
findings from the benchmarking visits would have further enriched the
recommendations in the Report.

6 FINDINGS, OBSERVATIONS AND RECOMMENDATIONS

The following section presents the Committee's findings, observations and

recommendations which are clustered according to the Terms of Reference of
the inquiry.

6.1 TOR 1: CAUSES AND EXTENT OF SEXUAL VIOLENCE IN INSTITUTIONS

OF LEARNING AND ITS NEGATIVE EFFECTS OF SEXUAL VIOLENCE ON
THE POPULATION

6.1.1 Extent of Sexual Violence in Institutions of Learning

The Committee found out that sexual violence is existent in virtually all the
institutions of learning visited but could not establish the precise scope and
magnitude of the problem in the country due to the absence nationwide data on
the issue. Police does not maintain disaggregated data on the number of
incidents of sexual violence that occur in institutions of learning. In addition, the
majority of the cases of sexual violence are not reported to police further making
it difficult to ascertain the exact number of cases that occur in the educational
setting.

Notwithstanding the limited quantitative data, the Committee findings indicate a

high prevalence of sexual violence in institutions of learning. 39% percent of the
respondents from primary, secondary and tertiary institutions said that they
knew of friends who have been victims of sexual violence or they themselves were
victims The number of students who knew about victims or were victims was

10 ~~r:
higher in secondary schools and tertiary institutions/Universities i.e. 132
students and 135 students respectively while in primary schools, the number
was lower since only a few respondents were able to comprehend the
administered questionnaires. See Table 1 below for details.

Table 1: Learners who have experienced a form of Sexual Harassment

yes no

n %age n %age

Primary 54 29.8 127 70.2

Secondary 132 34.4 252 65.6

Tertiary /University 135 52.1 124 47.9

Total 321 39.0 503 61.0

The Committee observes that the above findings are merely a tip of theiceberg in
view of the general culture of silence about sexual violence in institutions of
learning. This underscores the need for the MoES to conduct regular and
comprehensive surveys to establish the exact magnitude of the vice in the
country. The absence of countrywide data on the number of learners who are
sexually abused in institutions of learning diminishes the seriousness of the
problem and poses challenges to planning and crisis management.

The Committee therefore recommends as follows:

i) The MoES should formalize the collection of data on sexual violence

in institutions of learning. The data should focus on the extent and
the various forms of sexual violence, the drivers and consequences of
the vice, and should disaggregate both victims and perpetrators of
violence by age, position and sex. The data should be validated,
consolidateg__ ~nd published by the MoES on an annual basis.

r 11
 ii) Institutions under the Justice Law and Order Sector (Uganda Police,
Directorate of Public Prosecutions, Judiciary and Uganda Prisons
Services) should regularly publish disaggregated data on the
reported cases of sexual violence arising from institutions of
learning. This will allow for better analysis of the prevalence of the
vice and to design evidence·based interventions.
iii)Given the scale and magnitude of sexual violence in institutions of
learning, the Committee recommends that MoES should annually
update Parliament on the scale and magnitude of sexual violence in
institutions of learning in the country and the actions taken to
mitigate the vice.

6.1.1.1 Forms of Sexual Violence in Institutions of learning

The Committee found out as shown in Table 2, that a high number of students in
primary schools, secondary schools and tertiary ;universities perceived defilement
and sexual harassment as the most prevalent forms of sexual violence in
institutions of learning.

In primary schools, 45.2 percent of the respondents indicated that they are aware
of the existence of defilement, and 41.5 percent of the respondents were aware of
the existence of sexual harassment. In Secondary schools, 70.5 percent of the
respondents were aware of the existence of sexual harrasment while 51.5 percent
were aware of the existence of defilement and in tertiary institutions/
Universities, 84.4 percent stated that they of the existence of sexual
harrasment.The study also revealed a high prevalence of access to pornographic
videos and images in secondary schools and tertiary institutions/universities at
60.6 percent and 77.3 percent respectively. See table 2 for more detail.
Table 2: Forms of sexual violence in institutions of learning

12
 Primary Secondary Tertiary/ University

Yes No Yes No Yes No

n %age n %age n %age n %age n %age n %age

a Sexually suggestive
50 34.7 94 65.3 165 51.1 158 48.9 169 81.3 39 18.8
Speech

b Sexually Suggestive
Contact such as ;
43 25.6 125 74.4 194 55.4 156 44.6 188 81.7 42 18.3
touching, fondling,
kissing

c Defilement 75 45.2 91 54.8 177 51.5 167 48.5 132 60.6 86 39.4

d Sexual Harrasment/
66 41.5 118 58.5 237 70.5 99 29.5 190 84.4 35 15.6
Abuse/ Rape

e Female circumcision 35 22.0 124 78.0 74 22.1 261 77.9 74 34.4 141 65.6

f Male Homosexuality 44 27.2 118 72.8 105 31.3 230 68.7 101 46.5 116 53.5

g Female Homosexuality 36 22.1 127 77.9 148 44.6 184 55.4 105 48.6 111 51.4

h Sexual Abusive
50 28.7 124 71.3 162 48.6 171 51.4 160 71.4 64 28.6
Language

i Sexual Images or
44 27.2 93 73.8 206 60.6 134 39.4 174 77.3 51 22.7
Videos

n=number of respondents

6.1.1.2 Perpetuators of Sexual Violence in Institutions of Learning

The Committee found out that sexual violence in institutions of learning IS

majorly perpetuated byteaching staff and students/pupils. At primary level, 36

percent of the respondents reported that the male teachers and male students
were prominent perpetrators. At secondary level, 30 percent of the respondents
reported male teachers, 28percent reported female students and 22 percent
reported male studentsas the major perpetrators of sexual violence.In
universities and tertiary institutions, 42 percent of the respondents indicated
that male lecturers were the perpetrators while 38 percent reported male
Figure 1: Perpetrators of sexual violence in institutions of Learning

Primary Tertiary/University
Secondary
1%-
1%-3%
2%
1% • Male Student
1 Female Student
• Ma~ -eadler/Lecturer
, Female teacherftecturer
1 Headnas12r/Mi~ress/Principal

• Other Staff
• Non teaclins ~aff

The Committee further sought to know the names of perpetuators of sexual

violence in their institutions of learning and provided learners with plain sheets
of paper to record the same. As a result, the Committee was furnished with
names of sixty (60) individuals who were repeatedly mentioned by learnersas
perpetuators of sexual violence implying that they are notoriously known in the
school and university communitiesfor engaging in the vice.

The Committee had a lengthy discussion on whether or not to publish the

names of the alleged perpetuators in this report. Ultimately, it was resolved
that the names be withheld in view of the attendant legal implications. The
Committee has attachedbrief details of the cases to the report for purposes of
aiding Parliament in reaching a decision (Refer to: Annex 5]. However, the
names of the alleged perpetuators will be availed to the relevant government
institutions for investigation and prosecution, upon the adoption of the report
or on request by Parliament.

14
The Committee recommends that the sixty (60} individuals who were
repeatedly mentioned by learners as alleged perpetuators of sexual
violence in institutions of learning should be investigated and
accordingly prosecuted.

6.1.1.3 Perpetuators of Sexual Violence Outside the Education Setting

Although the terms of reference for the inquiry were restricted to institutions of
learning, the Committee found several cases of sexual violence occurring
outside the education setting i.e. in workplaces, homes and communities
perpetuated mostly by boda boda riders, parents and relatives. For example,
two girls from Kibuli Secondary School and St. Lawrence Horizon Campus,
respectively,informed the Committee that they feared returning home for
holidays because they are sexually abused by their fathers. Relatedly, several
learners, for example, in Serere Secondary School and Moroto Municipal
Council Primary School accused boda boda men for sexually assaulting them
on their way to and from school.

In addition, University students informed the Committee that they are sexually
harassed at places of internship, yet University policies against sexual
harrasment only have jurisdiction over incidents which occur within the
University setting and most workplaces do not have anti-sexual harrasment
policies.Further still, the Committee interfaced with a street child who is
alleged to have been sodomised by a white man of Italian origin in Kabalagala,
Kampala. The case is being investigated by KabalagalaPoliceStation.

The Committee observes that learners are drawn from society therefore sexual
iolence in homes and communities has a tremendous impact on the learners
as well. Indeed, the Committee found out that the causes of sexual violence in
institutions of learning are rooted in the dysfunctionalsocial, economic and
cultural systems of the Ugandan society.

The Committee therefore recommends that Parli ment should consider

inquiries of sexual violence in
15
homes, workplaces and thecommunities to find a wholistic solution to
the problem of sexual violence in the country.

6.1.1.4 Victims of sexual violence in institutions of learning

The Committee found out that both boys and girls are vulnerable to sexual
violence, though girls experience sexual violence disproportionately due to
socially constructed gender and power inequalities that are prominent within
the Ugandan society. In addition, girls are more vulnerable to the sexual and
reproductive health consequences of sexual violence, such as, unwanted
pregnancies and sexually transmitted diseases.

The Committee however noted that a vast number of boys who experience
sexual violence do not report for fear of being ridiculed by their peers and
society due to gender stereotypes that men cannot be sexually abused. This
calls for a comprehensive study by the MoES to establish the exact magnitude
of sexual violence against male learners.

6.1.1.5 Tricks used by perpetuators

The Committee found out that the perpetuators of sexual violence in

institutions of learning employ several tactics to lure learners into sexual
activity. The tactics vary according to educational levels.

In primary and secondary schools, the tricksused by perpetuators include;

a) Inserting money and love messages in the learner's books during

marking and write words like "see me" on the student's examination
script or book.
b) Leakingexaminationsto the learners or giving them good marks that they
do not deserve.
 c) Sending learners for short errands and waylaying them along the way or
sending them to the teacher's houses to take books or do household
chores like washing clothes and later follow them to the house.
d) Sponsoring the child's education in exchange for marriage or sexual
favors.
e) Giving learners spending money or buying them items their parents
cannot afford.
f) Depositing money at the school canteens for girls to obtain special meals
and other items.
g) Paying motor cyclists to transport the girls to and from school.

At university and tertiary levels, it is common for lecturers to intentionally fail

students or withhold their marks under the guise of "missing marks" to
increase the students' vulnerability to yield to their sexual demands. This form
of sexual exploitation is commonly known as "sexually transmitted marks" or
"sex for marks".

The Committee found a disturbing trend in Universities where the phenomenon

of 'sex for marks 'has evolved into organized crime. University lecturers who are
involved in the practice protect one another and "team up" against students
who turn down sexual advances by any one of their peers.Accordingly,
students who resist sexual advances by one lecturerrisk being given retakes in
various course units taught by different lecturers. Therefore, some students
yield to these sexual demands for fear of failing and to avoid being reprimanded
by their parents for failing to graduate. For example, a student noted that:

"Therefore, because we are scared, as students we give in to the sexual

advances because at the end of the day when you get retakes and take
your testimonial to your parents, you are not going to tell them that I got
three retakes because this lecturer asked for sex and I refused. Our
They just tell you that

17
 you have failed, why am I even paying your tuition? You are such a bad
daughter". Student, Makerere University.

The Committee further found out that some lecturers harass male students
who are involved in romantic relationships with the female students they are
interested in dating, by giving them retakes or demanding for cash in exchange
for marks.As a result, some students are forced to repeat courses, fail to
graduate or graduate late while others end up dropping out of university
entirely.

The Committee notes that sexual harrasment in Universities is common during

research when students are closest to their supervisors. For example, the
Committee received information regarding a case of a male lecturer of Mbarara
University of Science and Technology who demanded for sex before he could
supervise a student. The lecturer was found guilty of sexual harassment and
dismissed from the University. In addition, students are harassed by
administrative staff during the registration and clearing processes. For
example, the Committee learnt of a case of a girl in her senior six vacation who
was sexually harassed when she had gone for registration at Makerere
University.

6.1.1.6 Frequency of occurrence of sexual violence among learners

The Committee noted that sexual violence against learners is not a one-time
event but occurs frequently, which further highlights the culture of impunity
that allows the vice to thrive in institutions of learning. As reflected in Figure 2
below, 63 percent of primary schoolspupils responded that they have
experienced sexual violence only once, 25 percent reported that they are always
sexually abused, and 13 percent stated that they have experienced sexual
violence between one to three times. In secondary schools, 41 percent reported
that they are always sexually abused, 36 percent responded that they have
experienced sexual violence only once, and 23 have
experienced sexual violence between one to three times. In universities and
tertiary institutions, 37 percent of the students responded that they have
experienced sexual violence only once, 32 percent responded that they are
always sexually abused and 31 percent responded that they have experienced
sexual violence between one to three times.

Figure 2: Frequency of occurrence of sexual violence among learners

primary tertiary/university
secondary

• Once

• 1-3times happens
• all the time

6.1.2 Causes of Sexual Violence in Institutions of Learning

The Committee observes that institutions of learning are not islands but are
part and parcel of the Ugandan society. Therefore, the causes of sexual violence
in institutions of learning are deeply engrained in thesocial, cultural, economic
and institutional factorsthat are reflective of the dysfunction within the
Ugandan society.

overty and Moral degeneration were perceived by learners at all educational

evels as the major causes of sexual violence in institutions of learning. At
primary level, 34 percent and 29 percent of the respondents agreed that moral
degeneration and poverty are the major causes of sexual harassment, at
secondary level, G3percent and 24 percent greed to the same and in

~
19
universities/ tertiary institutions 46 percent and 22 percent agreed to the
same. Other causes cited by the learners include harmful religious and cultural
beliefs and practices, societal acceptance of sexual violence, and increasing
levels of drug and substance abuse. See figure 3 below for more details.

Figure 3: Causes of sexual violence in institutions of learning as reported

by learners

Primary Tertiary/University
Secondary
4%
5%
24%
• Harmful religious and
cultural beliets and p-actiCE!
• Sod eta I acceptance of
29%
IJiolence agains children
• Moral degeneration

• Poverty

• Increasing levels of Drug anc

substance abuse

The causes of sexual violence cited by learners in figure 3 above as well as

those mentioned by other stakeholders during the inquiry are discussed m
detail below.These have been clustered according to social, cultural, economic
and institutional factors.

6.1.2.1 Socio-Economic Factors

a) Poverty

Widespread poverty in the country was repeatedly cited by stakeholders as

factor that increases learner's vulnerability to sexual violence in institutions of
learning. Due to economic hardships, parents have failed to provide basic
necessities for their children which has forced many girls to engage in
transactional sex with lecturers, teachers, bodaboda riders and fellow learners
in exchange for among other items, scholastic materials, sanitary pads and
spending money. A district official noted:

"We were with Plan International and we read a report where a girl
confessed and said mere knickers made me get pregnant. The parents
were not even providing mere knickers. Therefore, the girls opt to look for
people to support them. And you can imagine, if somebody buys you a
shirt and put on and see how smart you are, the man will ask her to put
on and see how smart she is when given knickers- I do not want to tell the
story that can follow". Municipal Education Officer, Kamuli District.

Additionally, the Committee notes that while government provides free

education to children at primary and secondary school levels, feeding learners
remains a challenge for many parents who end up sending their children to
school without adequate provision for meals. For example, in Paiula Primary
School, Pader District, the Committee witnessed a situation where pupils were
studying on empty stomachs from morning until Spm, an issue that affected
their concentration in class and increased their vulnerability to engage in
transactional sex.

The Committee noted that government sponsored university students are paid
a meagre allowance of Ushs. 4,500 per day for feeding which increases their
vulnerability to sexual exploitation by lecturers and fellow students. In
addition,some parents do not provide their children with upkeep money when
they get to university level under the pretext that they are mature enough to
fend for themselves. The Committee observes that lack of parental support is a
key driving factor for the" sugar daddy/ mummy phenomenon"which is
prevalent in universities and tertiary institutions, whereby students gain
financial support from older menjwomen in return for sexual services.For
example, a student noted that:

"I especially blame the parents. When we join Makerere University, most of
They do not give

~1jL--
 the students money for upkeep and yet they send their daughters to
hostels. They give the girls only Shs 100,000 and expect that money to last
a whole semester. My dad usually says, "In our days, we used to survive
without money. How can you tell me that you cannot survive?" Our
parents have that mentality and they forget that time has changed. Right
now, girls have so many needs. So, you send this poor girl to the university
where there are rich lecturers. A rich lecturer could come to you like the
one who offered money to my best friend to plait her hair. Because she did
not have the money to plait her hair, she accepted the Shs 50,000."
Student, Makerere University.

The Committee further noted that abusers are taking advantage of the
economic vulnerability of learners to offer them scholarships in exchange for
sexual favors. For example, students of Uganda Marty's University, Nkozi, and
St. Paul Mutolere Senior Secondary School, revealed that male students are
being lured into homosexuality by foreigners in exchange for scholarships and
huge sums of money. They further revealed that some teachers and lecturers
are given hefty sums of money by foreign homosexuality cartels to recruit
students into homosexuality.One student expressed her frustration with the
level of homosexuality in schools, thus:

"... lesbianism and homosexuality 1s common today and it needs to be

worked upon. These men use money to trap the young ones" Student,
Mary Hill High School

The Committee observes that the Sexual Offences Bill which is currently before
Parliament seeks to provide for stiffer penalties for unnatural offences.
However, the Bill does not explicitly classify homosexuality as an offence thus
giving perpetuators the latitude to engage in the practice with gross impunity.

In view of the foregoing, the C4Jmmittee recommends that:

i) Government should provide scholastic materials and sanitary

towels to girls as part of the Universal Primary and Secondary

22 ~Jl..--

h~..c-~~
 Education Programs with effect from the Financial Year 2019/2020
to mitigate the vulnerability of learners to sexual exploitation.
ii) Government should reviewits feeding policy for schools with the
view of contributing to the provision of lunch in schoolsespecially
in the rural areas and among the 'mostpoor'households.In
addition, government should consider an increment in the feeding
allowance for government sponsored University students in the
financial year 2019/2020.
iii) Government should scale up poverty alleviation programmes at
grassroot level as a mechanism for empowering parents to provide
food and other basic needs for their children. This will limit
enticement of learners into early sexual behavior due to lack of
basic necessities.
iv) In consideration of the Sexual Offences Bill, 2015, Parliament
should include the offence of homosexuality to protect learners
from the practice which is prevalent in institutions of learning.

b) Increasing levels of Drug Abuse and Alcoholism

The Committee noted thatstudents and staff who consume lots of alcohol and
drugs are susceptible to being victims and perpetuators of sexual violence. The
packaging of some alcoholic beverages into sachets has made it easy and
cheaper for staff and students especially in secondary schools to sneak
intoxicating drinks into schools. The Committee further learnt that drugs such
as Banji, Marijuana and Kuber (a narcotic drug of Indian originwhich is openly
sold in shops and super markets across the country), are consumed by
secondary school students. The drugs are punched in juice and water that the
students carry to school making it difficult for the school administration to
detect. These drugs cause the students to be uncontrollably sexually active and

0 !

23

~"'1'---_
 l
!

The Committee was informed that the Ministry of Education is in the final
stages of formulating the School Health Policy to control the use of alcohol and
drugs in schools.

The Committee therefore recommends that MoES should fast track the
formulation and implementation of the School Health Policy to control
drug abuse and alcoholism in schools not later than June 2019.

The Committee further recommends that:

i) the Ministry of Trade, Industry and Cooperatives should urgently

enforce the ban on alcoholic drinks packed in sachetsand should
work in collaboration with the Ministry of Health to prohibit
importation of drugs such as Kuber and Banjt in the country.
ii) The Ministry of Local Government should ensure that all districts
urgently enact and enforce by-laws againstthe sale and consumption
of alcoholic drinks packed in sachets.

c) Exposure to Pornography

The Committee notes that the use of social media which has become a lifestyle
for many learners,coupled with laxity by some parents who either bring home
pornographic movies, or fail to monitor what their children watch,
exposeslearners to pornographic content which negatively influences their
perceptions about sex. This causes learners to engage in premature sex with
older men and to commit sexual assault against fellow learners.

A teacher described the impact of pornography on pupils in her school:

"I have interacted with two students whose perfonnance was deteriorating
but I was shocked when they confessed that they had been watching
pornographic movies and they feel so addicted to the movies which was
affecting their concentration in class ... ! have witnessed a mother watchin

.~·
~ 24
;t;t ~~
 pornography with her daughters and when I intervened, their mother
simply asked me to mind my business because we are living in a modern
world." Teacher, Lira Central Primary School, Lira district.

The Committee observes that there is greater need for sensitization of parents,
teachers and the society about the dangers of pornography. This should be
reinforced by sexuality education to mitigate the influence of pomography on
learners and filtering online content to limit access to the same.

The Committee recommends that:

(i) The MoESand the MoGLSD should work in collaboration with the
Pornography Control Committee established under the Anti-
pornography Act, 2014 to sensitize parents, learners and teachers
on the dangers of pornography.
(ii) The MoES should ensure that school rules and regulations contain
specific pornography prohibitions which should be strictly
enforced.

d) Lack of Life Skills and Sexuality Education

Life skills are social competencies that enable learners to cope with the
challenges of life. These include among others: high self-esteem, assertiveness,
decision making, communication and generally relating with others to achieve
greater success in life. It was noted that leamers especially girls in rural
primary and secondary schools are unexposed and have been socialized in a
way that makes them naive and shy, so they are easily lured into sex by
teachers in exchange for small material items like sweets, food, soda and
=---..~=ickers. For instance, a teacher noted that:

"At least I have observed some of those things- a small hand-out, every
day you are assured of a chapati from the canteen at break time with a
bottle of soda. To a student at this level that is something". Teacher,
Kamuli Girls College School, Kamuli district.

25
Lack of life skills was partly attributed to the education system which is
focused on academic achievement and less on imparting life skills.Learners'
vulnerability to sexual violence is reinforced by gender stereotypes which are
entrenched in the Ugandan societywhich for example says that 'a woman is not
supposed to refuse a man', or omuseija tayangwa (a man cannot be rejected),
or 'when a woman says 'NO' to sex she means 'YES' even when she actually
means 'NO".

The Committee further notes that the lack of sexuality education, both at home
and at school, has exposed children to myths about sex hence resulting into
early sexual engagements. While the Ministry of Gender, Labour and Social
development has developed parenting guidelines which are primarily aimed at
fostering positive parenting, these have not yet been operationalized in the
grassroot communities.

The Committee observes that sexuality education, at school and at home, can
provide an appropriate framework and context for educating learners about the
nature of sexual violence, how to prevent and respond to it and at the same
time empower learners with life skills to resist unwanted sexual advances. The
Committee was informed that MoES has formulated the National Sexuality
Education Framework which inter alia seeks to enable learners develop and
utilize life skills that are relevant to their sexuality. However, at the time of the
inquiry, the Policy had not yet been rolled out and implemented in schools.

The Committee therefore recommends that:

a) The MoES should fast track the roll out and implementation of the
National Sexuality Education Framework in institutions of
learning not later than December, 2019.
b) Parents should not shy away from discussing sex with their
children. Theyshould educate their children about the likely
danger of sexual violence in institutions and should equip them
with the appropriate life skills to resist unwanted s s.
 c) MGLSD work in collaboration with district local leaders to scale up
the dissemination of Parenting Guidelines at grassroot levels. This
should be augmented with sensitizing parents regarding their role
of educating learners about sexuality issues.

e) Societal Acceptance of Sexual Violence

The Committee notes that there is widespread normalization and societal

acceptance of sexual violence as an inevitable part of academic life. This has
contributed to an environment in which victims do not report sexual abuse for
fear that they will not be believed or, that they will be blamed for tempting the
perpetuator and causing sexual harrasment to happen. This was evident in the
interactions with a cross section of stakeholders who cited indecent dressing as
a cause of sexual violence in institutions of learning. Female learners are
particularly blamed for putting on skimpy and sexy dresses with the intention
of luring male learners, teachers and lecturers into sexual relationships.

The Committee observes that indecent dressing as a justification for sexual

violence is based on the presumption that men cannot control their sexual
urges whenever they see a female who is dressed in a manner that arouses
their sexual feelings. While the Committee does not condone indecent
dressing, it deviates from this reasoning since it does not explain why adult
men sexually abuse babies neither does it guarantee that decently dressed
female learners cannot be sexually harassed. For example, the Committee
found out that sexual harrasment is existent in muslim faith-based institutions
of learning where a strict Islamic dress code is enforced. In any event, lecturers
and teachers have the power and authority over learners and can resist
advances by learners who may attempt to seduce them.

\The Committee further observes that indecent dressing as a justification for

sexual violence not only shifts the blame from the perpetuator to the victim but
also absolves the perpetuator which discourages learners from reporting and
engenders a ~l~ure of impunity. For example, a student noted that:

{ 27
 "Very many people experience sexual harassment, but they fear being
pinned and judged. When somebody says, "I have been sexually
harassed", the first thing people will ask is, "How were you dressed?"
Does that have to do with being sexually harassed? Even some people
who are decently dressed are harassed sexually". Student, Makerere
University.

The Committee recommends that MoES should integrate compulsory

studies on gender and human rights in education curricula at all
educational levels. This will go a long way in transforming societal
attitudes about women and demystifyinggender stereotypes that
perpetuate sexual violence in institutions of learning.

f) Moral Degeneration

The Committee noted that sexual violence is accentuated by the general decline
in adherence to moral codes of conduct and values in the Ugandan society,
which has a spillover effect in educational institutions.The absence of a proper
value system modelled along respect for moral values and integrity has led to
amongst other things selfishness, heartlessness, loss of shame, disrespect and
lack of consideration for others.As already noted, perpetuators of sexual
violence in institutions of learning include head teachers, university deans and
lecturers, who are expected to uphold the highest ethical and moral standards
but instead take advantage of their privileged positions to sexually abuse
learners while jeopardizing their futures.

The Committee further noted that some learners proposition sex to lecturers
and teachers in exchange for undeserved grades or other material
benefitswhich attests to the high level of moral decadence in the country.
Forexample,one learner wrote that:

"I love my teacher and I told him, and he invited me to his house and gave
me a drink only ... Is that sexual violence or he loves Serere
Secondary School.
~-

b~ ~...,._._~9u-
Teachers complained that:

"Some girls rub their breasts on male teachers to entice them into sexual
activity. The girls do so in a bid to feel appreciated because of the prestige
that is associated with having a sexual relationship with a teacher".
Teacher, Serere Secondary School.

Moral decadence is further attributed to the diminishing role of parents in

children's up-bringing. Parents have been faulted for abdicating or ignoring
theirparenting duties which include amongst other things instilling moral
values and counselling and guidingtheir children. Many learners are growing
up in the absence of parental role models, either due to family breakups or
work responsibilities. Children are therefore left in the care of workers, who end
up sexually abusing them or exposing them to early sexual engagements.

The above situation is aggravated by the exposure of learners to non-protective

and unregulated social environments that have considerably lower behavioral
prescriptions such as night clubs, bars and video halls.For instance,the
Committee found out that some learners in Bundibudgyo, Kisoro and Nakaseke
districts rent houses in trading centers to ease accessibility to schools where
they stay alone unsupervised, a situation which predisposes them to
promiscuous behaviors. In addition, the Committee noted that living
arrangements especially in low economic urban contexts where adults and
children share the same room results in children being exposed to sexual
activities which they may feel bound to experiment.

In order to restore the moral fiber of the Ugandan society, the Committee
recommends that:

a) MGLSD and MoES should utilize the existing community, cultural

and religious structures to scale up sensitization of parents about
the primacy of building strong, caring and functional families as a
foundation for the moral upbringing oftheir~l\iLdr4~n.
Ql

29
~---------------------------------------------------------------------------- I

b) MoES should undertake curriculum reforms to embed moral

education in the training of learners and educators at all levels of
the education spectrum.
c) The Ministry of Local Government should ensure that all districts
enact and enforce by laws that restrict children from accessing
unsuitable environments such as bars and night clubs.

6.1.2.2 Cultural factors

a) Harmful Social, Cultural and Religious Norms

The Committee notes that cultural norms that engender patriarchal gender
relations, discrimination and inequality of women and girls perpetuate sexual
violence in institutions of learning and weigh down enforcement efforts against
the vice. For example, the Committee found out that early marriages are widely
practiced amongst the pastoral communities of Ntoroko, Bundibudgyo and
Nakaseke districts where young girls of 12-15 years are married off before
completing their education because according to culture, they attract higher
bride price than educated girls. In these communities, early marriages have
been normalized and are arranged quietly by the parents without the consent
of the girl who is way laid from the well while collecting water or, on her way to
or from school.

The Committee observes that outlawing cultural practices such as early

marriages has in itself not proved sufficient to prevent the practice since the
marriages are conducted quietly in the communities with the support of
cultural and community leaders and without the knowledge of law enforcement
officers.

The Committee further noted that there is a widespread practice in the

Ugandan society of sanitizing sexual violence by forcing perpetuators to marry
their victims. Defilement is usually detected when girls become pregnant and
the usual response is either a hastily-arranged marriage, or the payment of a
fee for blighting the victim's marriage prospects in exchange for not reporting
~···

b~L.___-
the abuse or taking the abuser to court. Unfortunately, such forced marriages
are condoned by society under the misguided belief that they are in the best
interests of the victims. For example, one head teacher was asked to give her
opinion on a case of a teacher who married a student he had impregnated. She
stated that:

"the good thing is that they are married, and the girl is looked after"
Headteacher, Kamuli Girls College School, Kamuli district.

The Committee observes that the practice of forcing school girls to marry their
perpetuators needs to be checked as it not only re-victimizes the victim and
shields the perpetuator from the law but also brings a premature end to the
child's education. The Committee notes that while the Penal Code Act expressly
outlaws defilement and implicitly early marriages, the law does not clearly
stipulate that a victim of sexual violence cannot be coerced to marry the
perpetuator.

In addition, the Committee found out that the culture of betrothal which is
prevalent in some communities in Northern Uganda, gives boys the latitude to
demand for sex from girls as though it is an entitlement. The problem is
compounded by misconceived beliefs among men that school girls are virgins
and sexual escapades with them are safer because they are unlikely to be
infected with HIV /AIDS.

The Committee therefore recommends that:

i) MoGLSDin collaboration with MoES should intensify sensitization

of communities to diffuse cultural, social and religious practices
that promote sexual violence against the girl child. Efforts should
be focused on dialoguing with the cultural, religious and
community leaders with the view of eliciting their support to
detach such practices from their cultural and reli ous values.
~~

31
 it) MoGLSD should regularly publish a list of harrriful social, cultural
and religious practices that are outlawed so that the public is
made aware of the need to desist from the same.
iii)Inconsiderationofthe Sexual Offences Bill, 2015,Parliament should
explicitly prohibit early and forced marriage of victims to
perpetuators of sexual violence to stem the practice which is
prevalent in the Ugandan society.

b) Culture of Silence

There is a widespread culture of silence on sexual violence in institutions of

learning which has created a conducive atmosphere for the vice to thrive. While
perpetrators of sexual violence are usually known to the victims and other
members of the school or university community, victims prefer to inform their
peers and parents than to report to the police or school/university authorities.
For example, the Committee found that to date, police has not received any
complaint regarding sexual abuse by the late Professor Mukiibi of St. Lawrence
Schools and Colleges, despite several media reports which pointed to the
deceased's involvement in sexually abusing studentst7.

The Committee learnt of several reasons why victims of sexual violence do not
report, and these include;

• the fear of reprisal from perpetuators for instance in higher

institutions of learning, students expressed their fear of retakes;
• fear that they will not be believed since in most cases victims lack the
evidence to prove that the incident happened,
• inaction by the school and university authorities who tend to cover up
incidents in a bid to protect the image of the institution, leads the

17The Observer June 13th 2017 "Prof Mukiibi was a psychopath, predator" by Nansozi K.
Muwanga available at https: I I observer. uglviewpoint/ 53321-prof-mukiibi-was-a-psychopath-
predator
 victims to believe that they are helpless, and that sexual violence is
normal and part of school or campus life.
• ignorance of how and where to report;
• emotional feelings of guilt and shame and the fear of being blamed for
being responsible for the sexual violence;
• societal acceptance and trivialization of sexual violence;
• fear of stigmatization by fellow students, school authorities, family
and society and
• delayed dispensation of justice occasioned by bureaucracies in the
criminal justice system.

This culture of silence also had an impact on the Inquiry. Learners were
reluctant to come forward and speak to the Committee due to concerns of
confidentiality. They particularly expressed their distrust in the Committee's
ability to protect them from retaliation if they divulged names of the
perpetuators. For example, astudent noted that:

"We have a lot to discuss but some of the students here in the room are
friends to the administration and they are the same who will incriminate
us". Students, Islamic University in Uganda, Mbale.

The Committee observes that the silence of the victims' sexual violence coupled
with inaction by relevant authorities, gives perpetuatorsa sense that they can
get away with their actions without being punished. This culture of impunity is
evident in the repeated acts of sexual harassment in some institutions of
learning.

Given the fear by victims to report sexual violence through formal

channels, the Committee strongly recommends thatMoES should ensure
hat institutions of learning install facilities for nonymous reporting.
O'

33
These include; hotlines, suggestion boxes and online reporting systems
such as SAFE PALl B.

c) Misuse of Power and Authority

The Committee notes that institutions of learning like any other social setting
are sites of convergence of power relations between educators and students.
The educational setting is characterized by asymmetrical power relations
between teachers and pupils/students, lecturers and students and even
between students and students orchestrated by differences in age, gender,
position and socio-economic statusl9.

The Committee found out that educators take advantage of their positions of
power and the vulnerability of learners to sexually exploit them by threatening
to punish them or fail them if they do not yield to their sexual demands.
Studentsrecounted incidentswhich clearly depict a high level of abuse of power
in institutions of learning. For example, a student stated that;

"A male teacher of St. Lawrence C.C last year made us to undress so as to
show him our thighs claiming we put tattoos and goes to our dormitory
though we are naked". Student, St. Lawrence Horizon Campus

Another student stated that;

"My biology teacher keeps calling me but when I reach to him, he keeps on
pretending to be removing something from my breasts, but I stopped going
to him but before I used to get 80% -100% in biology but now I get 20%
downwards. But when I compare my answers with other people's
answers, I get when they are correct. But he refuses to correct. "Student,
St. Lawrence Horizon Campus.

18SAFEPAL is a mobile applicationthat young peoplecan use to confidentially report cases of

sexual violence and get linked to the nearest service providers. The application was developed
by university students in partnership with UNFPA.

'';;::~~'~=ill O=m••::• ~· A"'"''t/2'0-'18,..___ _ -.,--.,L:::.~

1frs.,___
Several other cases of abuse of power by lecturers were cited in Busitema
University, Islamic University in Uganda, Mbarara University of Science and
Technology, Kyambogo University, Makerere University and Kabale University
where lecturers demand sex from students in exchange for academic favors.

The Committee observes that the current recruitment and selection process
forteachers and lecturers is academic oriented and does not adequately test the
professionaland moral aptitudes of applicants.Conducting background checks
before recruitment and selection of teachers and lecturers is therefore critical
to lock out potential sexual abusers from entering the teaching profession.

The Committee recommends that the MoESand Universities and Tertiary

institutions should institute effective measures for screening teachers
and lecturers prior to their recruitment in the teaching service. This
includes conducting background checksto ensure that teachers or
lecturers who have a criminal record or are otherwise unsuitable to
teach are not recruited.

6.1.2.3 Institutional Factors

a) Lack of professionalism

The Committee notes that there is a general decline in professionalism in the

country which is also reflected in institutions of learning since they are also
part and parcel of the Ugandan society. This was evident in the several cases of
sexual violence of learners by teachers as noted in this report and the
perceptions of some teachers that consensual relationships between teachers
and students are normal and acceptable.

At university and tertiary level, the Committee noted that relationships between
students and lecturers are deemed consensual even when such relationships
are shrouded with elements of coercion. University lecturers claimed that it is
the students who initiate sexual relationships with lecturers and that it is after
the relations~ips have failed that the students allege sexual harassment. In
()

f 35
addition, University students noted that there is a blurred line between
consensual and non-consensual sexual relationships and as a result, sexual
harassment is often tolerated as act of mutual agreement.

The Committee acknowledges the complexity of defining the line between

consensual and non-consensual sexual relationships in tertiary institutions
where a majority of the students are above the consenting age of eighteen
years. The Committee however observes that while consensual sexual
relationships between lecturers and students may be legal, they constitute a
transgression of moral and ethical values and should therefore be prohibited.
Such relationships have the effect of jeopardizing the student-lecturer
relationship by creating legitimate questions about impartiality, professional
judgment, conflict of interest and the appearance to others of favoritism or
advantage. For example, a student noted that:

«J got some information from a friend about a lecturer called John (not real
name). He hangs out with some female students. One was spotted to be
Jane (not real name), a fourth-year student currently finalizing her
Bachelor of Science in Water Resources Engineering. You may carry out
some inquiry from the staff because, this lady (Jane) is holding a First
Class with questions!!"Student, Busitema University.

The Committee further observesthat academic staff in Universities do not go

through any form of pedagogical training prior to employment and apart from
the University rules and regulations, the staff are not bound by any
professional code of conduct except for those who belong to professional
disciplines such as doctors, engineers and lawyers which do not apply to the
educational setting.

The Committee therefore recommends that:

i) MoES should ensure that teachers both in training and in service,

are regularly oriented about behavioral expectations, in line with
the teachers' professional code relevant
 laws. Teacher and learners should be availed with copies of the
relevant laws and regulations and should be trained so that they
understand the contents. Appreciation of the contents of the laws
and policies on sexual violence by school administrators and staff
should form part of the MoES monitoring and assessment
framework for schools.
ii) In the interest of prudence and fostering a campus environment
free of sexual harassment, the Committee recommends that all
University policies should prohibit sexual and/or romantic
relationships between academic stajf and students who are under
their direct supervision or evaluation.
i) The National Council for Higher Education should ensure that
academic staff in higher education institutions undergo
pedagogical training prior to teaching practice to improve their
professional competences and ethical values.

b) Laxity in Law and Policy Enforcement

The Committee found out that institutions of learning are often reluctant to
enforce policies against sexual harassment. Cases of sexual harassment are
often ignored or taken lightly, and perpetuators are merely cautioned or get off
with just an apology which discourages learners from reporting cases to the
authorities. For example, the Committee learnt of a case of a lecturer of Kabale
University who was found guilty of sexually harrassing of female student. The
lecturer apologized to the student and was forgiven. The case was disposed of
at that point without taking any further disciplinary action against the lecturer.
The Committee observes that cases of sexual harrasment which are considered
minor are capable of developing into more serious sexual violations and should
therefore be taken seriously.

The Committee further found out that while the Ministry of Education and
Sports is ereyo_wered by the Education (Pre-Primary, Pri ry and Post-Primary)
Act, 2008 to revoke licenses of teachers involved in acts of sexual misconduct
against learners, the Ministry is often reluctant to enforce this provision and
instead transfers the perpetuators to other schools. For example, the Committee
learnt of a disquieting case of a pupil of Rukondo Primary School, Rukungiri
district who was defiled by a teacher and sentenced to six years in prison. The
teacher served the sentence, was released from prison and redeployed to
another school in the same district.

During the Committeeinteraction with the MoES, the Ministry categorically

stated that it is not part of the education sector policy to transfer teachers who
are found culpable for sexual misconduct to other schools. However, in cases
where the accused teacher is acquitted by courts of law, or where there is no
evidence to prosecute the offender, the Ministry has no option but to redeploy
the teacher to another school.

The Committee however observes that the practice of transferring teachers who
are engaged in sexually abusing learners is deeply entrenched in the
disciplinary policies and practices of MoES. For example, the Reporting,
Tracking, Referral and Response (RTRR) Guidelines, (page 41) recognizes
transfer of staff of the school as one of the administrative disciplinary
procedures within the education sector.

The Committee further observes that the practice of transferringabusive

teachers to other schools not only shields the perpetuators from the law, but
also exposes students in other schools to sexually abusive teachers and future
malfeasance.

The Committee recommends that:

i) MoES should take stern action against perpetuators of sexual

violence and should not merely transfer them to other institutions.
Teachers who are found culpable for sexual misconduct should
have their teaching licenses revoked and their names struck off
 the register of teachers. They should also be barred from
practicing elsewhere as educators.
ii) MoES should formulate transfer guidelines to streamline the
transfer of teachers and ensure transparency in the process. In
addition, transfer as a punishment for perpetuators, should be
eliminated from the MoES policies, guidelines and practices.

d) Weaknesses in Examination Management Systems

The Committee found that administrative weaknesses in the management of

university examinations present opportunities for lecturers and administrative
staff to sexually exploit students. University students informed the Committee
that some lecturers and administrative staff in charge of examinations are
maliciously failing them or withholding their marks under the guise of 'missing
marks' to increase theirstudents' vulnerability to yield to their sexual demands.

During the inquiry, the Committee received information that a member of staff
of Kyambogo University who is responsible for feeding students' marks into the
online examination system is trading students' marks in exchange for sex. The
Committee was also furnished with names of lecturers of Makerere University,
Islamic University in Uganda and Busitema University who are notoriously
known in the Universities for trading marks for sex.

The Committee further found that some students especially those who perform
poorly in their studies and desperately want to pass their examinations take
advantage of the weaknesses in the examination systems to offer lecturers sex
1 exchange for free marks. A stakeholder noted that:

"What is also clear is that many of our young girls do not want to work
hard. They are lazy. They spend the night in clubs and yet at the end of
the day they want to pass; so they end up seducing lecturers into these
relations to get marks". Vice Chancellor, Kyambogo University.

39
The Committee noted that universities have established several quality
assurance mechanisms to mitigate the occurrence of the phenomenon of 'Sex
for Marks'. For example, Makerere University adopted a centralized marking
system where examinations are marked in one room and examiners are not
allowed to take the scripts out of the marking room. Makerere University
Business School has a conveyor belt marking system where an examination
script is marked by more than one lecturer to rule out the possibility of bias,
while Kyambogo University and Kabale University have a system of blind
scripts where students' examination scripts are identified by numbers instead
of names.However,the Committee noted that the quality assurance
mechanisms in universities and tertiary institutions are only applied during
marking of final examination scripts and not coursework or tests. Therefore,
lecturers still have full authority over students during marking of coursework.

The Committee observesthat Makerere University instituted an Adhoc

Committee to investigate sexual harrasment at the University. The Adhoc
Committee confirmed the existence of 'Sex for Marks' at the University and
recommended academic policy changes which were subsequently incorporated
in the University Policy and Regulations against Sexual Harassment, 2018.
Some of the recommendations the Committee considered worth adopting are:

• An overhaul and streamlining of the online management system used by

students for purposes of registration, access to examination results,
checking of financial statements and other academic files;
• Development of a fair and transparent system of assessment of
examinations, including well-defined evaluative criteria and a meaningful
system of feedback.
• An effective complaints handling system to address examination related
complaints. Such a system should eliminate face-to-face contacts
between complaining students and relevant examiners.
 • The Directorate of Gender Mainstreaming should keep a record of repeat
offenders; that is, harassers or lecturers who persistently have missing
marks and other forms of misconduct.
• The Department's examinations office, Dean's office and the Registrar,
should exclusively handle all queries and follow-ups with regard to these
matters.
• As far as possible, all courses at the university should be eo-taught.

The Committee further observes that NCHE is mandated Section 5 (f) of the
Universities and Tertiary Institutions Act, 2001 to receive and investigate
complaints relating to higher education institutions and to take appropriate
action. This includes complaints of sexual harrasment and abuse against
university students. However, the Committee found outthat since inception,
NCHE has not received any complaint regarding sexual harrasment despite the
numerous reports of sexual harrasment in higher education institutions.

The Committee recommends that:

i. MoES should ensure that the academic policy changes proposed

in the "Report on investigation of sexual harrasment at
Makerere University" are replicated in all Universities and
Tertiary institutions with necessary modifications to mitigate
the occurrence of the vice of 'sex for marks'.
ii. National Council for Higher Education should intensify
monitoring and supervision of Universities and Tertiary
institutions to ensure that that practices such as 'sex for
marks' are checked. As part of its routine monitoring function,
NCHE shouldinterest itself in cases of students who repeatedly
fail examinations to establish the root cause of the problem and
should ensure that staff who are found culpable for trading sex
for marks are disciplinedaccordingly.
Q \ ... -·

41
 iii. NCHE should create awareness regarding its mandate to
receiving and investigate complaints of sexual harrasment and
should establish mechanisms to facilitate students and the
public to report cases to it.

e) Inadequate Supervision and Monitoring

The Committeefound out thatpoor management of schools, coupled with

inadequate supervision and monitoring, creates a conducive environment for
schools to engage in practices that predispose learners to sexual violence. For
example, the Committee found out that some schools such as Kebisoni
Progressive Primary School in Rukungiri are not adhering to the school
calendar and are teaching students in candidate classes from as early as 7:30
am till 6:00pm,yet the pupils have to trek long distances early in the morning
to reach the school and leave very late in the evening while it is dark, a
situation which predisposes learners to sexual violence. In addition, the
Committee received information regarding a case of alleged defilement of a
pupil of Lwanda Primary School in Jinja district by a teacher. The teacher took
advantage of the uncontrolled movements of the pupil from preps to the
dormitory at odd hours to defile her.

The Committee further notes that the atmosphere and environment

surrounding games and sports, creates situations where controls are lowered
thus exposing participants to abuse by coaches or teachers who superintend
over these activities. In some cases, female students are accompanied by only
male teachers which is contrary to best practice.

The Committee observes that while the MoES has decentralized the monitoring
and inspection to virtually all districts in the country, the inspection function
remains grossly understaffed and underfunded to conduct regular and effective
monitoring and inspection of schools.

42
The Committee recommends thatthe monitoring and inspection function
at district level should be strengthened through increased budgetary
provision for recruitment, training and facilitation of inspectors to
intensify inspection in the Financial Year 2019/2020.

6.1.2.4 Environmental Factors

a) Inadequate and Unsafe Physical Infrastructure

The Committee found out that the physical infrastructuraldesign and

environmental set up of some institutions of learning presents opportunities for
learners to be sexually abused. For example, at Nateete Muslim Primary
School, the Committee found out that one of the offices where sexual abuse of
pupils was allegedly taking place is located in a very dark corner, which gave
the perpetuator license to abuse pupils without being detected. Other examples
include;Kamuli Girls College Secondary School and Serere Secondary
School,boarding schools which did not have fences and exposed girls to sexual
violence by community members.In addition, the two schools did not have
enoughbathrooms and girls were bathing from outside, and no member of staff
resided at the schools due to the absence of staff quarters, therefore, students
wereleft unsupervised after 5:00pm an issue that exposed them to attacks
during the night by men in the communities neighboring the school.

The Committee further noted that proximity of some schools to environmental

settings such as night clubs, slums and military detachments further
heightens the risk of learners to sexual abuse. For example, the Committee
received information regarding a case of a UPDF soldier attached to Kabango
barracks, Bundibugyo district who defiled a pupil of Kabango Primary School
d disappeared with her to an unknown location.

The Committee further found out that due to lack of boarding facilities in some
schools, learners treklong distances on a daily basis to access the schools, a
situation which predisposed them to boda boda men who offer them free rides
to and from scs~ol in return for sex.In order to ease accessibility to the
~·
schools, some parents have resorted to renting houses for their children in
trading centers nearer to the schoolswhere they stay alone unsupervised
further exposing them to sexual abuse by business men.

At university and tertiary level, the Committee noted that a majority of the
students are accommodated in privately owned hostels due to inadequate
accommodation within the University campuses.The private hostels are not
regulated and have limited restrictions on entry and exit of strangers which
exposes students to the risk of sexualabuse. In addition, most incidents of
sexual harassment happen off campus, yet the University policies against
sexual harrasment only have jurisdiction over incidents that happen on
campus. Perpetuators have taken advantage of this policy gap to sexually
harass students outside the campus environment unabated.

The Committee recommends that:

a) Government should scale up the implementation of the policy of

establishing a secondary school in every subcounty and a primary
school in every parish to reduce on the distance the learners travel
to school.
b) Government should prioritize the construction ojboarding facilities
for girls in seed secondary schoolsto cater for learners from
distant homes. This will mitigate the risk of sexual violenceas a
result of travelling long distances to school. In addition,
government should prioritize the establishment of staff quartersin
boarding schoolsfor girls,to facilitate monitoring and supervision
of learners,in order to scifeguard them from the risk of sexual
abuse.
c) MoES should ensure that the design of school infrastructure and
the environmental set up of schools takes into consideration the
physical scifety and security of learners especially the girl child.
For example, by maximizing the number of windows and doors in

~~·~
~~~
 classrooms, offices, and other spaces,provision of separate and
adequate sanitation facilities for boys and girls, improving
lighting in and around school grounds and use of perimeter wall
fencing in all schools. This should be augmented by scaling up
inspection and monitoring of schools to ensure that schools which
do not meet the minimum standards for the safety and security of
learners are delicensed.
d) Public Universities and tertiary institutions should consider Public
Private Partnerships (PPPs) for private investors to develop and run
hostels in their institutions. In addition, the Universities and
tertiary institutions should enter into memorandums of
understanding with proprietors of private hostel with the view of
enforcing security measures for protecting students from sexual
violence.

6.1.3 Adverse Effects of Sexual Violence on the Population

Sexual violence undermines the right to education by fostering a hostile

environment for learning which has long term socio-economic repercussions on
the learners, their families and society in general. This section considers the
multiple effects of sexual violence on the learners and the population.

6.1.3.1 Health Effects

a) Direct Physical Health Consequences

At individual level, sexual violence is associated with a wide range of physical

health effects which includes; physical injury, or even death, teenage
regnancy, which sometimes leads to unsafe abortion and other health
threatening conditions both for the mother and child i.e. fistula and children
bom with impairments, chronic pelvic pain and sexually transmitted diseases
(including HIV f AIDS) infection. For example; the 2018 Ministry of Gender,
Labou\ and Social Development reported that, 19% of teenage boys who suffer
Q

JL, 45

~--~ ~2..2----
sexual abuse experience symptoms or are diagnosed with sexually transmitted
infections {STis), compared to 7% of those who did not experience sexual
violence. 2 0

Additionally, a study carried out in 13 districts by the Ministry of Education

and Sports in partnership with FAWEU in 2015 on the Linkage between
Pregnancy and School drop out in Uganda found that 43% of school dropouts
is attributable to financial constraints, 22% to pregnancy among girls of 14 to
18 years, 9% to poor academic performance which is also closely linked to
increased chances of the girls getting pregnant, 10% to illnesses and 15 % to
other factors including early marriages.

A stakeholder narrated an incident which is a vivid exposition of the adverse

effects of sexual violence on learners, thus;

"Three male survivors aged 11, 12 and 15 are refugees from Rwamwanja
refugee settlement. They have been pupils at Kanara boarding primary
school in Kamwenge district. Their class teacher coerced them, one by one
to go and visit him at his residence. They were made to spend a night
there and they slept together with his teacher on one bed. At night, the
teacher got a pang, threatened and raped them. He would threaten them
not to reveal information to any person. The survivors shared their ordeal
with their fellow male pupils and they didn't take it seriously because they
were also used to go and sleep with the teacher in his house. The
survivors got sick and were sent back home but didn't tell their parents.
The survivors refused to go back to the same school the next term. They
revealed the information when their parents forced them to go back to the
same school. The case was reported at Rwamwanja police station and
later referred to Kamwenge police station. The suspect was arrested and
released on court bail. Both of the survivors' experience trauma. One of the
survivors 15 years old dropped out of school because he refused to join

2oViolence Against Children Survey, 2018 by Ministry of Gender, Labour and Social
Development 2018,
 any other school for failure to trust any other teacher. Two of the survivors,
11 and 12-year-old were transferred to other schools, but their fellow
pupils intimidate them because information reached all over the places.
They are also at verge of dropping out of school"21.

The consequences of sexual violence on female learners are exacerbated by the

absence of a clear policy framework for retention and re-entry of pregnant girls
in schools. The Committee notes that while Gender in Education Sector Policy
and several other policies recognize the need to facilitate re-entry of girls who
drop out of school due to teenage pregnancy and early marriages, in practice,
girls who become pregnant in schools are expelled as a disciplinary measure to
deter others from getting pregnant, and are not allowed to return to the same
school after giving birth, which deprives them of their right to education. In
some schools, it is only pregnant girls in candidate classes who are allowed
back in school to do UNEB examinations.

The Committee noted that the issue of retaining girls in schools is considered a
complex one especially in faith-founded schools where pregnancy outside
wedlock is perceived as sexual immorality. In addition, pregnant girls are not
willing to return to the same school after giving birth for fear of stigmatization
and often times they prefer to stay home, get married or change school.

The Committee observes that expulsion of pregnant girls from school IS a

discriminatory practice which contravenes the Constitution since it deprives
the girl child of her right to education yet when the perpetuator is a male
student, he is allowed to continue with his education un punished.

The Committee noted that MoES is in the process of reviewing Guidelines on

Prevention and Management of HIV /AIDS and unintended teenage pregnancies
in schools to incorporate the retention of pregnant girls in schools. In addition,

1ament on 12th December,

the Ministry is developing guidelines on re-entry of child mothers into schools
and other education institutions.

The Committee recommends that:

i) The EducationAct, 2008 should be amended to give effect to the

right of pregnant girls to be retained and reintegrated in education
institutions after giving birth.
ii) MoES should fast track the formulation and implementation of
policy guidelines for the retention and re-integration of pregnant
girls in school in any case not later than December, 2019.
(i} Government should make adequate budgetary provisionto MoES in
a phased mannerfor the establishment of appropriate facilities in
schools where children of teenage mothers can be accommodated
as their mothers are studying.

b) Psychological Health Consequences

Sexual violence implications on the psychological health of victims are equally

severe. Studies have shown that victims experience feelings of guilt, shame,
humiliation, anger, anxiety disorders, heightened levels of stress, eating
disorders, low self-esteem, self-disgust, post-traumatic stress disorder,
depression, withdrawal from social contact and in extreme cases the victim
contemplates suicide. For instance, according to the Ministry of Gender,
Labour and Social Development 2018 survey, 14% of 13-17 year olds who
survived sexual violence during the last year reported contemplation of suicide,
significantly higher than the 4% of girls who did not experience sexual violence
in the past year. Whereas 15% of teenage girls and boys who survive, sexual
abuse contemplate suicide, compared to 4% of girls who do not experience
sexual violence.22

48
6.1.3.2 Educational Effects

a) Lower academic achievement

The Committee notes that sexual violence has a destabilizing effect on the
education of learners. Learners who experience sexual violence find it very hard
to concentrate in class, some even loose interest in studying and transfer to
new institutions or simply drop-out of school hindering their educational
performance and curtailing their future aspirations. Available evidence
indicates that sexual violence is one of the major causes for high school drop
outs in the country23 . In Universities and tertiary institutions, students who
refuse to yield to sexual advances of lecturers are given retakes and prevented
from graduation which deprives them of future employment opportunities.

b) Loss of Confidence in the Education System

The Committee observes that one of the spillover effects of transactional sex
(sex for grades or material benefits) is the loss of confidence in the education
system since the grades awarded to students are not earned but trade-offs on
the basis of sex. It also results into a vicious cycle of abuse because students
who are engaged in sex for marks while at the University are more likely to
continue with the practice in employment by engaging in sexual relationships
with their employers for promotions and other benefits.

6.1.3.3 Societal Effects

Sexual violence destabilizes families as pregnant girls are ostracized by their

own families and run away from home. Some become street children as a
aping mechanism where they are exposed to risky behaviors such as
substance abuse and sexual promiscuity. Further still, violence against
children creates a cycle of violence, where childhood survivors of sexual
violence are more likely to mature into adult perpetrators of violence.

23A study carried out in 13 districts by the Ministry of Education and Sports in partnership
with FAWEU in 2015 on the Link~e between Pregnancy and School drop out in Uganda
Q
49
On the side of government, sexual violence in schools not only presents a
financial burden to government as victims require social welfare, health and
justice services, but also undermines government efforts in increasing access
to quality education and other social services which are necessary for meeting
national and international development goals.

50
6.2 TOR 2: REVIEW OF LAWS AGAINST SEXUAL VIOLENCE IN UGANDA

Uganda has an obligation under international, regional, and domestic law to

protect learners from sexual violence and to provide them with redress in cases
where such violence occurs. These instruments are considered hereunder.

6.2.1 International Instruments

Sexual violence violates fundamental human rights such as the rights to life;
health; liberty; security of person; not to be subjected to torture or cruel,
inhuman, or degrading treatment or punishment; and equal protection under
the law. Uganda has therefore ratified severalinternational and regional human
rights instruments that oblige the state to prevent and respond to sexual
violence in schools, including: the International Covenant on Civil and Political
Rights (hereinafter referred to as ICCPR), the Convention on the Rights of the
Child (hereinafter referred to as CRC), and the Convention on the Elimination
of All Forms of Discrimination against Women (hereinafter referred to as
CEDAW) the International Convention on Economic, Social, and Cultural
Rights (hereinafter referred to as ICESCR).

Under the ICCPR, Uganda has a duty to protect learners, from torture and
cruel and inhuman treatment and degrading treatment, and from violations of
their rights to life, liberty, and security of person. This includes the duty to
protect learners from sexual violence. Uganda also has a duty to ensure that
victims of sexual violence while at school or university campus have an
effective remedy for the abusive experience, regardless of whether it is
perpetrated by a teacher or other state actor or a private actor such as another
student24

party to the CRC, Uganda is further obligated to protect children

from violence, including sexual violence. This duty impelsUganda to "take all
appropriate legislative, administrative, social and educational measures to
01
24 Article 2
protect children from any form of physical or mental violence ... while in the
care of parents, legal guardians, or any other person who has the care of the
childzs. This includes protection of children in the care of educators 26 . This is
an affirmative duty of care that extends to the creation of social programs
intended to provide support and treatment for child victims, as well as to
prevent child abuse. Social programs must also implement reporting, referral,
and investigation policies, involving the judiciary where appropriate2 7 .

CEDAW further requires govemment to "pursue ... without delay a policy of

eliminating discrimination against women." Sexual violence is broadly
considered a form of gender violence and discrimination that seriously inhibits
women's ability to enjoy rights and freedoms on the basis of equality with men.

Further still, ICESCR guarantees the equal rights of girls and boys to an
education and to the highest attainable standard of physical and mental
health 28 • States are obliged to provide free and compulsory education at the
primary level and make secondary and higher education equally available to all
persons 29 .Therefore, Uganda has a responsibility under international law to
protect girls from sexual violence and harassment that violates their right to
education and their ability to enjoy other human rights.

6.2.2 Regional Instruments

Sexual violence against learners also violates Uganda's obligations under

regional human rights treaties, including the African Charter on Human and
Peoples' Rights (hereinafter referred to as African Charter), the African Charter
on the Rights and Welfare of the Child (herein after ACRWC) and the Protocol
to the African Charter on Human and Peoples' Rights on the Rights of Women
in Africa (hereinafter referred to as Maputo Protocol), the Protocol on the

2s Article 19 (I)
26 U. N. Committee on the Rights of the Child, General Commen No. 13
27 Article 19 (2)
2s Article 2
29 Article 13
Prevention and Suppression of Sexual Violence Against Women and Children
(Great Lakes Protocol).

The ACHPR like the ICCPR prohibits cruel, inhuman or degrading punishment
and protects the right to security of person3o. The ACHPR also protects the
rights to health and education 31 . It further stipulates that state parties must
not only recognize the rights in the Charter but also "undertake to adopt
legislative or other measures to give effect to them." Art. 11 also requires
States to take special measures in respect of female . . children, to ensure
equal access to education" and to reduce drop-out rates.

The ACRWC provides that Uganda must pursue legislative, administrative,

social, and educational measures to prevent children from being tortured,
treated inhumanely, or abused32. Additionally, "every child has the right to
enjoy the best attainable state of physical, mental, and spiritual health,"33 a
right that is clearly impaired by sexual violence against learners.

Uganda is further obligated under the Maputo Protocol on the Rights of Women
to protect female students from every form of sexual abuse, including sexual
harassment in educational institutions. This includes providing sanctions
against any perpetrator, providing girls who experience such abuse with access
to counseling and rehabilitation services, and teaching gender sensitization in
schools34.

Under the Great Lakes Protocol, States "shall punish any person who, with
intent, knowledge, or negligence, ... violates the sexual autonomy and bodily
integrity of any woman or child by committing, aiding, or abetting the
commission of any of the acts of sexual violence"35Furthermore, Uganda has
assumed responsibility for ensuring that the perpetrators of sexual violence
Q\

30 Article 6
''Articles 16-17.
" Article 16
''Article 14 (1)
34 Article 12 (1)
35 Article 4

53
crimes compensate their victims36. Uganda is further required to streamline the
complaint process for sexual violence victims and establish legal and medical
practices for assisting victims37.

Additionally, the Heads of State and Government of Members States of the

International Conference on the Great Lakes Region (ICGLR) convened at
Kampala on 15th to 16th December, 2011 at the 4th Ordinary Summit and
Special Session on Sexual and Gender Based Violence (SGBV) under the theme
"United to prevent, end impunity and provide support to the Victims of SGBVJ'
and made several commitments towards the prevention and response to SGBV
including establishment of Recovery Centers for SGBV victims, Gender desks
(where they do not exist) and to allocate for the relevant budget to facilitate the
fight against SGBV.

Despite the commendable efforts of ratification of both international and

regional human rights instruments responding to sexual violence against
learners, there is a slow pace of implementation of the treaties with most of the
treaty provisions not yet domesticated. Furthermore, there is limited public
awareness on both the existence of and contents of the treaties.

6.2.3 National Legislation

The Committee notes that while there is no specific legislation on sexual

violence in Institutions of learning, Uganda has enacted several pieces of
legislation that contain provisions that safeguard learners from sexual violence
and provide redress when cases occur. This section reviews some of the most
relevant laws.

6.2.3.1 Constitution of the Republic of Uganda, 1995

The 1995 Constitution of the Republic of Uganda (herein after referred to as the
Constitution) contains a litany of provisions that protect learners from sexual

36 Article 6 (6)
37 Articles 6(4), 6(7)

54
violence. The Constitution first of all recognises education as a human right
and impresses upon the state a duty to ensure access to education for all
Ugandans 38 including taking appropriate measures to afford every citizen equal
opportunity to attain the highest educational standard possible39. Article 34 (2)
guarantees' a child's entitlement to basic education and entrusts the state and
parents with the responsibility of providing the same. Article 24 protects every
person including learners from any form of torture, cruel, inhuman degrading
treatment or punishment. These provisions guarantee the learner's right to
study in a violent free environment.

The Constitution also enshrines provisions that address gender inequalities

which engender the vice of sexual violence in institutions of learning. Article 21
(2) provides that all persons are equal before and under the law in all aspects
and shall not be discriminated based on economic, political, sex, tribe, birth,
social and cultural life and in every other respect and shall enjoy equal
protection of the law.

Article 33 specifically recognizes the rights of women to equal protection under

the law and obliges the state to provide facilities and opportunities necessary to
enhance the welfare of women to enable them to realize their full potential and
advancement. Article 33 (6) prohibits laws, customs or traditions which are
against the dignity, welfare or interest of women.

Article 31 further sets the minimum age for marriage at 18 years, while Article
34 provides that no child shall be deprived by any person of medical treatment,
education or any other social or economic benefit by reason of religious and
other beliefs. These provisions outrightly outlaw child marriages, a form of
sexual violence that is fueled by cultural beliefs.

38 0bjective XIV of the National Objectives and Directive Principals of State Policy
39 0bjectiv )\VIII of the National Objectives and Directive Principals of State Policy
6.2.3.2 The Penal Code Act Cap 120

The Penal Code Act, Cap 120 is the primary instrument applied against
perpetuators of sexual violence. There are several provisions that criminalize
sexual violence. These include;abduction with intent to marry or have sexual
Intercourse (Section 126), indecent assault (Section 128); defilement which
attracts a sentence of life imprisonment (Section 129), Rape (Sections 123 and
124) which attracts a maximum penalty of death, procuration (Section 131)
procuring defilement of women by threats (Section 132), anddetention with
sexual intent (Section 134). In addition, Section 1298 of the Penal Code Act (as
amended) gives court the discretion to order convicts of defilement or
aggravated defilement to pay compensation to victims.

6.2.3.3 The Education (Pre-Primary, Primary and Post-Primary) Act, 2008

The Education Act provides for licensing requirements for schools,and

regulates the conduct of teachers. Sections15 and 20 provide for deregistration
of a teacher and cancellation of his or her teaching license, on the basis of a
criminal conviction for an offence involving moral turpitude, or professional
misconduct which renders the teacher unsuitable for employment as a teacher.
This includes sexual violence against a learner.

6.2.3.4 The Universities and Tertiary Institutions Act, 2001

The Universities and Tertiary institutions Act, 2001 provides for the
establishment of National Council for Higher Education (NCHE) which is
mandated to regulate higher education institutions. Section 5 (f) mandates the
Council to receive and investigate complaints relating to higher education
institutions and take appropriate action. This includes complaints of sexual
harrasment and abuse against university students.

6.2.3.5 The Education Service Act, 2002

The Act provides for the conduct of, and the terms and conditions of service of
public officers in the Education Service including teachers in line with Articles

~~~
167 and 168 of the Constitution. The Education Service (Teachers' Professional
Code of Conduct), Legal Notice No. 11 of 2012,stipulates that a teacher's chief
responsibility, is towards the learner under his or her care40 and, prohibits a
teacher from sexually molesting, harassing or have sexual relationship with the
learner41.

6.2.3.6 The Children's Act Cap 59

The Act provides for a legal framework to protect and promote the rights of
children. The act requires duty bearers who include, parents, community
members and teachers, to ensure that children under their care are safe and
protected. Teachers therefore have a responsibility to protect children against
sexual violence. Section 5(2) specifically protects children from violence and
abuse by those with parental authority (includes parents/guardians and
teachers).

6.2.3.7 The Domestic Violence Act, 2010

The Domestic Violence Act 2010 and its regulations of 20 11 provides protection
and relief to victims of domestic violence. The Act prohibits different kinds of
domestic violence, including sexual abuse, which is defined as, any conduct of
a sexual nature that abuses, humiliates, degrades or otherwise violates the
dignity of another person. It contains several important protections for victims
of domestic violence setting out the procedure for seeking a protection order.
The act imposes specific duties on the police to assist and advise victims on the
available support services such as medical, legal and shelters.

6.2.3.8 The Evidence Act, Cap 6

The Act stipulates evidential requirements in the criminal prosecution of sexual

offenders and the standard of Pf?.Ot>f required in such matters.

40

41
Paragraph 5 (1)
Paragraph 5 (3) (c)
r 57
6.2.4 Gaps and Weaknesses in the Legal Framework

As noted above, overall Uganda has several laws that can be invoked to address
sexual violence m institutions of learning. However, the Committee
notedglaring gaps and weaknesses which have rendered the law ineffective to
protect learners against sexual violence. These are considered hereunder.

6.2.4.1 Absence of Comprehensive Legislation on Sexual Offences

As already noted, there is no specific law addressing sexual violence in Uganda.

Whereas various commonwealth countries such as India, United Kingdom and
Kenya have all consolidated sexual offences in one law, Uganda still has sexual
offences fragmented in various pieces of legislations which has rendered them
difficult to implement.

The Committee further notes that while the Penal Code Act was amended in
2007 to bring it in conformity with current and emerging sex related offences
and trends, the law still has gaps which need to be addressed. The law does
not cover all the forms of sexual violence. For example, sexual harassment
which is a form of sexual violence that is prevalent in institutions of learning is
not provided for in the law as a stand-alone offence and as a result, sexual
harrasment cases are not given the attention and seriousness they deserve,
and often times perpetuators are charged under other offences such as
indecent assault which carry light sentences. For instance, Section 128 (3) of
the Penal Code Act provides that any person who, intending to insult the
modesty of any woman or girl, utters any word, makes any sound or gesture or
exhibits any object, intending that such word or sound shall be heard, or that
such gesture or object shall be seen by such woman or girl, or intrudes upon
the privacy of such woman or girl, commits a misdemeanor and is liable to
imprisonment for one year. This implies that verbal sexual harrasment is
considered to be a misdemeanor and not an offence.

An additional lacuna in the law is the inadequacy m the definition of rape

which only recognizes penetration of the victims' vagina using a sexual organ
and ignores other forms of sexual abuse such as penetration of the mouth or
anus by other part of the body, or by any object used by the rapist to penetrate
the victim's vagina. The current definition of rape also presupposes that only
girls and women can be raped yet this is not the case. Perpetuators take
advantage of these inadequacies and weak sanctions in the law to engender
sexual violence in institutions of learning.

The Committee observes that the Sexual Offences Bill, 2015 which is currently
before Parliament is intended to consolidate the laws into a single piece of
legislation for ease of reference and accessibility by law enforcers and the
public. The Billprovides for procedural and evidential requirements during the
trial of sexual offences and includes sexual offences such as sexual
harassment which are excluded in the current law. However, thedefinition of
sexual harassment in the Bill is limited to employment situations and should
be extended to education settings. The Bill also redefines the offence of rape
making it more inclusive and reflective of the current and evolving trends of the
offence.

The Committee recommends fast tracking the passage of the Sexual

Offences Bill, 2015 subject to the amendments proposed in this report.

6.2.4.2 Inadequate Legal Provisions in the Education Sector

The Committee notes that the Education Act, 2008 provides for revocation of
teachers' teaching licenses on grounds of sexual misconduct but does not
explicitly bar teachers from having sexual relationships with learners and
neither does it hold schools accountable for failure to report sexual violence or
to act on complaints of sexual violence,a gap which has been exploited by
, institutions of learning to refrain from taking any disciplinary action against
perpetuators and reporting cases to MoES and police.

The Committee observes that while the Teachers' Professional Code of Conduct
prohibits ~a teacher from sexually molesting, harassing or have sexual
Q

l ~~9
~ iJrm~
/
relationship with the learner, it needs to be reinforced by the Education Act
since it is the overarching legislation for the education sector.

The Committee observes that sexual violence against learners should be

treated as an extremely serious violation under the law especially in view of the
special relationship that exists between educators and learners. Educators are
deemed to be in loco parentis(in the place of a parent) relationship with learners
and failure by institutions of learning to protect the learners from sexual
violence and to discipline perpetrators is a negligent breach of the duty of care
owed by the school towards learners.

The Committee recommendsthat:

i) Government should consider amending the Education Act toprovide

for the following:
• Classify sexual violence as a serious form of professional
misconduct and prescribe clear sanctions for perpetuators.
• Explicitly prohibit sexual relations between learners and
teachers whether consensual or not to reinforce existing
provisions in the Teachers' Professional Code of Conduct.
• Impose a legal duty of care on teachers and schools to
protect learners against sexual violenceand to respond
effectively to reports of abuse
• Mandatory reporting of sexual violence to police and MoES by
teachers and schools
• Impose stiff penalties on schools for failure to take action
against perpetuators of sexual violence.
ii) Similarly, the Universities and Tertiary Institutions Act, 2001
should be amended to:
• Impel higher education institutions to protect learners
against sexual harrasment and to take appropriate action
against perpetuators of the vice.

60
 • Prescribe clear penalties against perpetuators including the
revocation of the academic qualifications of the staff who are
found culpable for sexually harassing students.

6.2.4.3 Overly Burdensome and Humiliating Evidential Requirements

The Evidential requirements and procedures in sexual offences are governed by

the Evidence Act, Cap 6, a law which was enacted in 1909. The Act requires
that evidence in a trial of sexual offences must be corroborated. This is
premised on the believe that victims of sexual violence sometimes tell an
entirely false story which is very easy to fabricate but difficult to refute42.

The Committee notes that the requirement of corroboration of evidence to

confirm the truthfulness of the victim's evidence makes it difficult for the
prosecution to secure convictions since sexual offences are usually committed
in private spaces, such as lecturer's and teacher's offices, where there are no
witnesses to corroborate the victims' story and, in many instances, sexual
violence cases are reported late hence forensic evidence is often lacking.

The Committee observes that while several court decisions4 3 have declared the
requirement for corroboration of evidence in sexual offences unconstitutional
for being discriminatory against women, the provision remains on our statute
books and is still being applied by courts of law on a case by case basis.

The Committee further notes that court trial procedures are daunting for
victims as they are asked irritating and humiliating questions regarding their
previous or subsequent sexual behavior. This skews the trial in favor of the
accused person and unnecessarily intrudes in the private life of the victim. In
addition, there is no mandatory legal provision for such cases to be heard in
camera. Therefore, victims are required to recount their ordeal in open court in
the presence of the accused person and in full view of the public and the

4'Lord Justice Salmon in R vs. Henry & Manning (1969) 53 Crim. App Rep 150, 153
43Ntambala Fred vs Uganda, SCCA No 34 of 2005 and Basoga Patrick vs. Uganda, Criminal
Appeal No. 42 of 2002

r
1
media. Legal and media reports are free to publish the intimate details of the
victim further exposing the victims to a greater risk of being threatened by the
community or the family of the perpetrator.

The Committee observes that the Sexual Offences Bill, 2015 seeks to deal with
some of the above issues. For example, the Bill prohibits cross examination of
witnesses on their previous sexual behavior. However, the Bill does not
adequately address the issue of corroboration of evidence in sexual offences
and protection of victims.

The Committee recommends that, in consideration of the Sexual Offences

Bill, 2015, Parliament should:

i) Completely remove the requirement for corroboration of evidence in

sexual offences in compliance with court decisions on the same.
This will improve the success rate of sexual violence cases and
encourage victims to report.
ii) Include a provision that prohibits the publication of the true
names, location and other identifying information of victims of
sexual offences in the media and in court records to protect victims
from revictimization.

6.2.4.4 Lack of a Witness Protection Law

During the inquiry, there was resounding concern from stakeholders that the
legal system does not have provisions that protect the victim and their
confidentiality during the justice process. The Committee notes that the
absence of a witness protection law deters victims and bystanders from
reporting, cooperating with investigations and testifying truthfully m
disciplinary proceedings or court, and makes it more likely they will turn
"hostile" and retract their earlier statements, contributing to unwarranted
acquittals. For example, the case of Musaga Brian, a Lecturer at Makerere
University School of statistics who was charged with five cases of indecent
assault before the Grade One Magistrate, LDC Court in 2016. One case

62
withdrawn because the victim relocated to another country. The second case
was dismissed by court for want of prosecution, because the victim suddenly
denied knowledge of the facts of the case and refused to answer court
summons to testify44.

The Committee observes that perpetuators of sexual violence in institutions of

learning are usually persons that learners' interface with on a daily basis who
wield a lot of power, to the extent that they can cause the suspension or
expulsion of the learner from the institution. It is therefore imperative that
victims and witnesses in sexual offences are secured before, during and after
the trial process. This can only be achieved through a comprehensive witness
protection framework.

The Committee therefore recommends thatGovernment should urgently

table the Witness Protection Bill to secure the rights and dignity of
witnesses and to protect them from stigmatization.

6.2.4.5 Inadequate Compensation forVictims

The Committee noted concernby stakeholders that the legal framework against
sexual violence adopts a perpetuator centric approach focusing on punishing
the perpetrator and less on the well-being of the victims, yet the victims often
require financial support to cope with the debilitating physical and mental
health consequences of sexual violence.

The Committee noted that while Section 1298 of the Penal Code Act (as
amended) empowers courts to provide compensation to victims of defilement or
aggravated defilement, this provision is discretionary and restrictive since it is
limited only to defilement cases. In practical terms, the compensation order is
superfluous since the victim has to wait for the release of a convicted
perpetrator from prison after many years before being compensated. This
discourages victims of sexual violence from pursuing legal remedies and

44.Submi~oh to the Committee by the Directorate of Public Prosecutions

63

-t:j~~~~--
instead impels them to negotiate with perpetuators who give them peanuts to
settle cases out of court.

The Committee observes that while compensation cannot erase the trauma and
grief a victim of sexual violence and their family suffers, it is imperative that
the victims are given financial assistance atleast to restore their physical and
mental health.

The Committee recommends that:

i} In consideration of the Sexual Offences Bill, 2015, Parliament

should incorporate a provision for mandatory compensation of
victims of sexual violence.Specijically, for the education sector,
Parliament should empowercourts to attach the accrued pension or
social security benefits of perpetuatorsto support victims of sexual
abuse. This will restore the hope of victims, enhance reporting and
deter prospective abusers from engaging in the vice.
ii) Government should consider establishing aSpecial Fund for
compensation of victims of sexual violence.

6.2.4.6 Inconsistencies in the Legal Framework

The Committee noted inconsistencies in the law regarding the age of marriage
whichhas encouraged the practice of early marriage of learners which is
common in institutions of learning. For instance, Section 11 of the Customary
Marriage (Registration) Act, Cap 248 provides that a customary marriage shall
be void if the female party to it has not attained the age of sixteen years which
is inconsistent with the consenting age of 18 years set by the Constitution.

The Committee recognizes that the Constitution is the supreme law of Uganda
and any laws that are inconsistent with the Constitution are null and void to
the extent of the inconsistence. However, the continued presence of
inconsistent laws on Uganda's statute books sends mixed signals and forms a
basis for perpetuators to justify their wrongful actions.
The Committee recommends that government should ensure that Section
11 of the Customary Marriage (Registration) Act, Cap 248 and any other
lawswhich are inconsistent with the Constitution are deleted from
Uganda's statute books to pave way for smooth enforcement of the law.

6.2.4.7 Absence of Legal Provisions on Support Services

The Committee noted that while government has made several commitments
under various policies to provide support services to victims of sexual violence,
the policies are not backed by an enabling legal framework which presents
challenges for enforceability. Currently, the provisions of the law, mainly
address the legal concerns, while ignoring the medical and psychological
aspects of sexual violence on the victims. While the Domestic Violence Act,
2010 enshrines a legal framework for victim support and protection, its scope
of application is limited to the domestic setting. Institutions of learning
therefore have no legal obligation to provide support to victims of sexual
violence which partly explains why such services are not provided in most of
the institutions. Placement of legal responsibility on government and
institutions of learning to provide victim support services, is therefore
necessary, to enhance accountability and facilitate the development of
standards and harmonized referral pathways.

The Committee recommends that, in consideration of the Sexual Offences

Bill,2015, Parliament should include a "treatment clause" that
mandates government to provide holistic support to victims of sexual
violence, including medical, legal, psychosocial services. A
corresponding obligation should be imposed on institutions of learning
through amendments to the Education Act, 2008 and the Universitie
Institutions Act.
Ql

65
6.3 TOR 3: POLICIES AVAILABLE FOR THE MANAGEMENT AND
CONTROL OF SEXUAL VIOLENCE IN UGANDA

The Committee notes that Uganda lacks a specific national policy that protects
learners against sexual violence in institutions of learning. However,
government has formulated a plethora of policies that can be used to tackle the
vice. They include:

6.3.1 Key National Policies

6.3.1.1 Uganda Vision 2040

Uganda Vision 2040 expresses the aspirations of Ugandans to have access to

affordable quality health and education services, and commits Government to
ensuring that girls are kept in school and improving their completion rates
through addressing both institutional, gender and cultural barriers in
collaboration with social, cultural and community groups. The Government
also undertakes to develop and implement social protection systems to respond
to the specific needs of vulnerable groups including children. The Committee
notes that sexual violence is a barrier to the attainment of vision 2040.

6.3.1.2 Second National Development Plan (2015/ 16-2019/2020)

The plan commits government to ensure equitable access to relevant and

quality education and training, and obliges government to develop and
implement programmes that ensure a safe, non-violent and inclusive learning
environment in schools.

6.3.2 Education Sector Policies

6.3.2.1 Education Sector Strategic Plan (ESSP) 2007-2015

The plan provides for equitable access to quality education and the
development of the Gender in Education Policy to provide strategic direction in
the delivery of gender equity, as well as the National Strategy for Girls
Education in order to address the barriers that keep girls out of school
including sexual violence.

6.3.2.2 Gender in Education Policy, 2016

The policy draws from the Uganda Gender Policy, 2007 which mandates
sectors to develop and implement sector specific gender policies with the
ultimate goal of promoting gender equality. The policy was developed in line
with the Education Sector Strategic Plan (ESSP 2007-20 15) to guide gender
mainstreaming in Education and Sports countrywide. Though the policy is not
specifically designed to address sexual violence, it contains strategies that can
prevent the occurrence of the vice. For example,empowerment of learners
through life skills education and guidance and counselling.

6.3.2.3 National Strategy for Girl's Education in Uganda (NSGE) (2014-

2019)

The NSGE establishes a national framework for identification, implementation

and coordination of interventions designed to narrow the gender gap in
education, to accord the girl child the right to equal access to education. The
strategy recognizes sexual abuse as one of the top most challenges to girl's
access to education, and identifies specific interventions to address the
problem including, formulating regulations on teenage pregnancies in schools,
institutionalizing the role of the Senior Woman Teacher, and gender training for
teachers to deconstruct gender stereotypes in schools.

6.3.2.4 National Strategic Plan on Violence Against Children inSchools

(2015-2020)

The overall goal of the strategy is to ensure that measures are in place to
prevent, protect and respond to violence against children in schools. It has
specific performance indicators on sexual abuse and defilement. The strategic
plan is structured in line with the Reporting, Tracking, Referral and Response

Gui'l!liP" oo Viol~re 7ild~:n Sohoo~

-bm-
6.3.2.5 Reporting, Tracking, Referral and Response Guidelines on
Violence against Children in Schools

The guidelines provide reporting, tracking, and referral pathways and

responses that children, teachers, parents, community members and the
school administration need to follow when they encounter or are confronted
with cases of violence against children including sexual violence.

6.3.3 Gaps in the Policy Framework

6.3.3.1 Lack of a Uniform Definition of Sexual Violence

The Committee found out that there is lack of a common understanding of the
meaning of sexual violence in the education sector. This is evident in the MoES
policy documents which contain two disparate definitions. The National
Strategic Plan on Violence Against Children in Schools (2015-2020) on the one
hand defines sexual violence thus;

Any sexual act (or attempt to obtain a sexual act), unwanted sexual
comments or advances, or acts to traffic a person's sexuality, using
coercion, threats of harm or physical force, by any person regardless of
relationship to the child. This encompasses a range of offences, including
completed non-consensual sex acts (i.e. rape), attempted non-consensual
sex acts, abusive sexual contact (i.e. unwanted touching), and non-contact
sexual abuse (e.g. threatened sexual violence, exhibitionism, verbal sexual
harassment). This also includes; the inducement or coercion of a child to
engage in any unlawful or psychologically harmful sexual activity, the
exploitative use of children in prostitution or other unlawful sexual
practices, and the exploitative use of children in pornographic
performances and materials, and the provision of gifts especially from men
to girls or from women to boys in return for sex.

The Reporting, Tracking, Referral and Response (RTRR) Guidelines on Violence

Against Children in Schools on the other hand defines sexual violence as;

68
~~0
 The involvement of a child in sexual activity with another person that he or
she does not fully comprehend, is unable to give informed consent to, or for
which the child is not developmentally prepared, or else violates the laws
or social taboos of society. The various forms of sexual violence against
children include; verba/utterances that are sexual in nature, touching or
fondling the child in a sexual manner or being forced to look at sexual
scenes (pornography), and stringent gifts especially from men to girls or
from women to boys in return for sexual pleasure. 45

In the absence of a uniform definition of sexual violence in institutions of

learning, learners find difficulty identifying conduct that amounts to sexual
abuse and to report the same to the relevant authorities. It also inhibits the
development of effective measures for prevention and response to sexual
violence when it occurs.

The Committee found out that the forms of sexual violence keep evolving which
implies that the definition of sexual violence adopted must be reviewed
regularly to ensure that the new dimensions of the vice are taken care of.

The Committee therefore recommends that MoES should adopt a uniform

definition of sexual violence which should encompass all forms of the
vice and ensure that schools have a clear understanding of the same.

6.3.3.2 Absence of a Specific and Comprehensive Policy for Schools

The Committee notes that the existing policies are not comprehensive enough
to address the high levels of sexual violence in the country. For example,
theRTRR Guidelines which are meant to provide guidance to schools, do not
ecognize that head teachers and SWT jSMT can be potential perpetuators of
sexual violence against learners and hence do not provide procedures for
reporting, investigating and resolving cases involving this category of teachers.
Yet, the Committee found several cases of sexual abuse of learners by
headteachers and SMTs. For example, headteachers of some schools in
Kampala, Busia and Kamuli, were implicated by learners for allegedly abusing
them in their offices.

The Committee observes that head teachers being the highest authority in
schools, have greater moral responsibility for protecting children from sexual
abuse. Therefore, in instances where the head teacher becomes the perpetrator
of sexual abuse, this opens wider spaces for teachers under him or her to
emulate his or her actions. The implication is that abuse of children in such an
institution would go on unabated.

The Committee further notes that the RTRR Guidelines fall short in providing
the procedural guidelines for dealing with, cases of teachers who sexually
abuse learners in different schools from those in which they teach. For
example, the Committee found a case of a senior two girl at Namasagali College
who was raped by a primary school teacher of a private school in Soroti. Such
cases tend to go unpunished as neither of the two head teachers is willing to
take responsibility for reporting the matter. The guidelines further lack
mechanisms for safeguarding learners who report abuse from victimization.

In the absence of proper guidance, schools have resorted to the school rules
and regulations and the Teacher's Code of Conduct. The Committee reviewed
the school rules and regulations of several schools and found out that they do
not adequately address sexual violence. For example, the school rulesand
regulations of St. Paul Secondary School Mutolere, Kisoro district,have only
one regulation that is connected to sexual violence. Other regulations are on
totally different issues.

The Committee recommends thatMoES should in consultation with the

relevant stakeholdersJormulate a specific and comprehensive policy for
the prevention and management of sexual violence and harrasment in
schools. reporting,
investigating and resolving sexual violence, and should be adopted and
implemented by all schools.

6.3.3.3 Poor Policy Implementation

The Committee found out that several policies which are aimed at addressing
sexual violence in the countryremain unheard of at district and school levels.
For example, the Committee was informed that the National Strategic Plan on
Violence against Children in Schools (2015-2020), has so far been implemented
in only 66 districts across the country targeting only govemment schools,
implying that the tenure of the Policy is likely to end before the same is rolled
out to all schools in the country. Similarly, the RTRR Guidelines are not
available in most of the schools that the Committee visited.

The Committee wasinformed that the dissemination of policies in schools

remains a challengedue to shortage of funds and, instead schools are required
to pick their copies from the MoES headquarters in Kampala.

The Committee recommends that MoES should utilize the administrative

and community structures at district level to disseminate laws and
policies on sexual violence in schools. This should be augmented by
training of schools on the same and,regular monitoring and supervision
to ensure that the policies are implemented.

71
6.4 TOR 4: MEASURES TO ADDRESS SEXUAL VIOLENCE WHEN IT
OCCURS

Government has established legal, policy and institutional measures for dealing
with sexual violence when it occurs. Institutions of learning have also
established policies and programs for tackling the vice. These are considered
below.

6.4.1 Legal Measures

Sexual violence in institutions of learning is addressed within the overall legal

framework that governs education institutions. At primary and secondary
levels, the key legislation is the Education (Pre-Primary, Primary and Post-
Primary) Act, 2008 which consolidates and streamlines all laws relating to the
development and regulation of education and training in Uganda.

The Education (Pre-Primary, Primary and Post-Primary) Act is reinforced by

Education Service Act, Education Service Commission Regulations and the
Teachers' Professional Code of Conduct, which define the relationship between
learners and educators and the disciplinary mechanisms against educators
who breach the Professional Code of Conduct. The Teachers' Professional Code
of conduct specifically prohibits teachers from having sexual relationships with
the learners.

The Universities and Tertiary Institutions Act, 2001 regulates the

establishment and management of higher education institutions and,
establishes the National Council for Higher Education (NCHE) to implement the
objects of the Act. One of the functions of NCHE is to receive and investigate
complaints relating to higher education institutions and, to take appropriate
action. This includes investigation of sexual harrasment complaints in higher
education institutions.

The above legal framework is augmented by the Penal Code Act, Cap 120 which
criminalizes different forms of sexual violence including rape,

72
indecent assault among others and, the Children's Act (as amended) which
prohibits all forms of violence against children in all settings. Section 5 of the
Act obliges any person having custody of a child to protect him or her from
violence, abuse and neglect. This includes educators. Section 7 specifically
prohibits harmful customary or cultural practices that are detrimental to the
child's education and social development.

6.4.2 Policy Measures

At national policy level, MoES with the support from UNICEF developed the
National Strategic Plan on Violence against children in schools, 2015 which
stipulates the national strategy and action plan for prevention and response to
violence against children in schools. The Plan was preceded by the Reporting,
Tracking, Referral and Response (RTRR) Guidelines on Violence against
children in schools issued in 2014. The Guidelines streamline the procedures
for reporting and response to sexual violence in schools. MoES abridged the
Guidelines in a Learner's Booklet for post primary schools and institutions
titled "Say No! To Violence".

MoES issued a circular banning all acts of violence against children in schools,
institutes and colleges in August 2015 to reinforce the RTRR Guidelines. The
circular instructed school administrators (headteachers, college principals,
teachers, instructors and tutors) to report all forms of violence in schools to the
relevant authorities and, to establish mechanisms for sensitizing learners,
parents and staff on existing laws, policies and the procedures on sexual
abuse; to allocate resources to cater for specialized support services for victims,
to incorporate life skills development and training in the school curriculum as
a mechanism for protecting children against violence and to keep stock of all
cases of violence against learners and the actions taken against perpetuators
among other requirements.

MOES is also implementing the Basic Requirements and Minimum Standards

things, provides a framework for addressing violence against children in
schools. The BRMS comprises indicators which are intended to ensure safety
and security of learners in schools e.g. indicators of physical safety; violence
and abuse; school rules and regulations; prevention procedures; mechanism
for reporting and responses to cases of violence.

Universities and Tertiary institutions have also established policies to address

sexual harrasment and abuse. The Committee visited nine Universities and out
of these, it is only Makerere University and Uganda Martyrs University (UMU)
that have stand-alone policies against sexual harrasment. The rest, that is;
Mbarara University of Science and Technology, Kabale University, Gulu
University, Lira University, Busitema University, Kyambogo University and
Islamic University in Uganda, do not have stand-alone policies and address
sexual harassment complaints within the framework of the Human Resource
Policy, the Gender Policyand, the Student's Rules and Regulations.

6.4.3 Institutional Measures

To give effect to the above laws and policies, Government has established
institutional structures at national and district level to coordinate responses to
violence against learners. At national level, MoES and MGLSD with the support
from UNICEF established an Inter-sectoral Committee on Violence Against
Children in Schools (ISC VACis). The overall objective of ISC VACis is to
galvanize support and provide a multi-sectoral approach to tackling violence
against children in Uganda. The ISC meets on a quarterly basis and,
spearheaded the development of the RTRR Guidelines on VACis. MoES has also
established a Gender Unit which coordinates the interventions of the ISC
VACis.

At the district level, the supervisory and monitoring function of MoES is

implemented by the District Education Officers and Inspectors of Schools who
are responsible for ensuring that cases of sexual violence are reported to the
appropriate authorities and, that disciplinary action is taken against teachers

~~~
~<U \vv~._~
744b- ~
l ~ _./~ bl],11<::....--
who are found culpable for sexually abusing learners. In addition, the MGLSD
has Probation and Social Welfare offices (PSWO) across the country in line with
the Children Act Cap 59, and these are responsible for assisting victims of
sexual violence in the pursuit for justice and support services. They are also
responsible for following up through the justice system, children who are in
conflict with the law. The Probation and Social Welfare function is supported
by CommunityDevelopment Officers who operate at sub county level.Other key
players in addressing violence against children in schools include justice law
and order sector institutions such as the police, directorate of public
prosecutions and courts of law. The Uganda Police Force, established Child
and Family Protection Units at police stations across the country, which work
in liaison with the District CID officers to receive, investigate and refer cases of
sexual violence to courts of law. Family and Children Courts established under
the Children's Act are equally in force and operational across the country.

The government institutional framework is supported by wide range of Civil

Society Organizations (CSOs) and UN Agencies that work in the area of child
protection, such as UNICEF. For instance, CSOs have championed the
establishment of student led clubs, a mechanism for empowering learners to
deal with school-based challenges including sexual violence. The MGLSD in
collaboration with Non-Governmental Organizations also set up a Toll-Free
Child Helpline 116 (also known as the SAUTI), a telephone service for reporting
all forms of child abuse including sexual violence.

At school level, the Committee noted that the schools visited had structures
such as the SWTI SMT who are mandated to detect, receive and report
complaints of sexual violence to the appropriate authorities within the school
structure and to provide counselling services to victims. In some schools the
role of SMT I SWT is augmented by full time counsellors.
0'

75
In addition, the schools have established disciplinary structures for resolving
complaints of sexual violence. The Disciplinary Committee of the Prefects' body,
deals with minor cases involving students while the Disciplinary Committee of
the School Management Committee or Board of Govemors deals with cases
involving staff of the school.
Similarly, some universities and tertiary institutions have established
disciplinary committees code-named "Sexual Harrasment Committees" which
adjudicate complaints relating to sexual harrasment.

The Committee however notes that despite the above measures, sexual violence
is on the rise in institutions of learning which points to the ineffectiveness of
the existing measures. Some of the issues noted by the Committee are
considered in the ensuing section.

6.4.3.1 Low levels of Reporting

Learners were asked if they had ever reported any cases of sexual violence or
harassment to any one in their communities i.e. parents, head teachers, senior
male/female teachers etc. The Committee established that 29.4% (n=48)
,31.7%(n = 107) and 30.8% (n = 66) of the respondents in primary, secondary
and tertiary institutions respectively had ever reported a case of abuse as
shown in Table 3.
Table 3: Respondents who have ever reported a sexual violence

yes no
Total
n %age n %age

Primary 48 29.4 115 70.6 163

Secondary 107 31.7 231 68.3 338

Tertiary /University 66 30.8 148 69.2 214

~ ~
~~~ biD}
I Total 221 30.9 494 69.1 715

The above statistics confirm that there are low levels of reporting in institutions
of learning which has made it difficult to deal with sexual violence.
Underreporting is majorly attributed to ignorance by students of the
procedures for reporting, fear of stigmatization and retaliation by perpetuators
since most of the university policies do not provide mechanisms for confidential
reporting, and protection of victims and witnesses against retaliation by
perpetuators.

The victims are also reluctant to report because they believe that no action will
be taken against the perpetrator since most of the perpetrators are either not
punished or they are given lenient punishments. For instance, the Committee
received information of a case of attempted rape of a female student of
Makerere University by a fourth-year medical student in Mitchell Hall in April
2017. The case was brought to the attention of the University management, but
no action was taken against the perpetuator.

The Committee further noted that even when action is taken against the
perpetuator, the decision is not publicized, which gives the victims and other
learners reason to believe that no action was taken. This creates anxiety and
speculation amongst members of the general public thus perpetuating the
belief that some teachers or lecturers are 'untouchable'. For example, during
the interaction with MoES, the Committee was informed that the Ministrywas
conducting investigations into allegations of sexual misconduct by the former
head teacher of Kibuli Secondary School, Mr. Hajji Mugagga. To date, the
findings of the investigations have not been published. Sadly, the Committee
learnt that the accused headteacher was cleared of all the allegations and
redeployed to another school. Similarly, Makerere University has recorded
several disciplinary cases of sexual harrasment against lecturers, but the
statu~ the cases remains unknown even within the University community.
The Committee recommends that:

a) MoES should ensure that institutions of learning establish Whistle

blower Protection Policies, as well as mechanisms for reward and
recognition of victims who report cases of sexual violence. This will
not only encourage reporting, but will go a long way in diffusing
stigmatization of victims.
b) MoES should regularly publish details of the disciplinary actions
taken against teachers and lecturers who are found guilty of
sexual violence. This will restore public confidence in the
education system and deter potential abusers from engaging in the
vice.

6.4.3.2 Absence of a Harmonized Policy Framework forUniversities and

Tertiary institutions
The Committee found out that there is no standardized policy framework for
addressing sexual harrasment complaints, in universities and tertiary
institutions and, each institution has been allowed the freedom and flexibility
to develop its own policies. This has resulted into inadequate responses and
incoherent approaches in dealing with sexual harrasment. For example, while
some universities have developed specific policies others are addressing the
complaints within the framework of general policies, without due regard to the
sensitivity of such cases. The procedures for addressing complaints also vary.
For example, in Kabale University and MUST, complaints are referred to Sexual
Harrasment Committees, yet Makerere University recently removed similar
Committees from its policy due to conflict of interest issues. The National
Council for Higher Education informed the Committee that it is in the process
of formulating Regulations and Guidelines for Higher Education Institutions on
sexual harrasment, a process the Committee considers long overdue.

The Committee recommends that National Council for Higher Education

should fast track the formulation of comprehensive policy guidelines for
universities and tertiary institutions, to foster coherence in addressing

. / ~8~
~~- D~::.....--
sexual harrasment in these institutions, not later than June 2019. The
availability of policies on sexual harrasment should form part of the
NCHE quality assurance framework for licensing, routine monitoring
and audit of Universities and Tertiary institutions.

6.4.3.3 Weak Disciplinary Systems

The Committee found out that in many cases, disciplinary matters involving
teachers on grounds of sexual misconduct at the district and ministry levels,
are not concluded and end at interdiction of the perpetuator, essentially
because MoES is barred from taking disciplinary action against an abusive
teacher whilecriminal proceedings against the teacher are still ongoing. When
criminal proceedings are commenced, the disciplinary proceedings are halted,
pending the outcome of the criminal proceedings and any appeal arising
therefrom. In the event that the accused teacher is acquitted by court, MoES
also clears him or her for redeployment to other schools. The Committee noted
that thismodus operandi is rooted in the Education Service Commission
Regulations, 2012 (Regulation 30) and the Public Service Standing Orders,
2010.

The Committee observes that court processes take several years to be

concluded and the accused teacher's prospects of being redeployed to other
schools or getting employment in a private school remain unscathed.
Perpetuators have manipulated the weakness in the current disciplinary
system to abuse learners in one school, "disappear", only to "re-appear" as
teachers in another school.

In addition, many criminal proceedings against teachers have proved

unsuccessful due to insufficiency of evidence and, loss of interest in the cases
by victims among several other reasons. For example, a case of defilement was
filed at Police against the former headteacher of Kibuli Secondary School. The
accused head teacher was interdicted by MoES in March 2017 pending the
o·
79
conclusion of investigations into the allegations. However, the case was not
prosecuted in court due to insufficient evidence.

In another case, a teacher of St. Jude Primary School, Naguru allegedly defiled
a pupil who was also his biological daughter, and was interdicted from duty on
19'h September 2016. The teacher was charged in court for aggravated
defilement, but the charges were subsequently dropped by the Director of
Public Prosecutions and the teacher is slated for reinstatement into service.

The Committee observes that sexual violence is an act of gross professional

misconduct and, must be dealt with as such, irrespective of the status or
outcome of criminal proceedings. In addition, unlike criminal matters,
decisions in disciplinary matters are made on a balance of probabilities and do
not require evidence gathered through the police investigation such as the
medico-legal evidence. Therefore, there is a higher likelihood for victims to
secure justice if the disciplinary process is properly managed.

The Committee therefore recommends that the Education Sendee Act

and the attendant subsidiary legislation should be amended for
disciplinary proceedings to run parallel to criminal proceedings. This
will permit the MoES to dismiss teachers on the basis of professional
misconduct irrespective of the status or outcome of criminal
proceedings.

6.4.3.4 Laxity in Law Enforcement

The Committee found out that when cases of sexual violence are reported to
District Education Officers, the accused teachers are interdicted and when the
dust settles, they are transferred to other schools without a full disciplinary
hearing. Even in situations where the teacher is convicted by courts of law, he
or she is not dismissed or struck off the register of teachers as required by law
but is transferred to another school. For example, the Committee found a case
in Rukungiri district of a pupil of Rukondo Primary School, who was defiled by

~~~ 80
a teacher and sentenced to 6 years in prison. The teacher served the sentence,
was released from prison and redeployed to another school in the same district.

Moreover, even when a teacher has been dismissed from one government
school, for sexual violence, the dismissed teacher may still gain employment in
a private school since there are no streamlined mechanisms for preventing the
recruitment of sexually abusive teachers in private schools. For example, a
student noted:

"For the good of the young generation, Mr. Samuel (not real names) of
Kabukunye Demo (Kalungu District),he was previously a perpetuator of
sexual harrasment in my primary school, but he was chased and went to
the above school, but please help those primary girls because they are too
young". Student, Kanara Seed Secondary School, Ntoroko.

The Committee reiterates its earlier recommendation that MoES should

take stem action against perpetuators of sexual violence in institutions
of learning and should not merely transfer them to other institutions.
Teachers who are found culpable for sexual misconduct should have
their teaching licenses revoked and their names struck off the register
of teachers.

The Committee further recommends thatMoES should maintain a

database on teacher sexual offenders and,should routinely publish
names of teachers who are convicted by court, dismissed from service or
removed from the teachers register on grounds of sexual misconduct, to
ensure that they do not re·enter the teaching profession after serving
their sentences.

81

-bbL---
6.5 TOR 5: MEASURES FOR CREATING AWARENESS ON SEXUAL
VIOLENCE IN INSTITUTIONS OF LEARNING

The limited level of awareness about what constitutes sexual violence,the

existing laws, policies and institutional mechanisms for addressing the vice
was widely cited by stakeholders as a key barrier to prevention and response to
sexual violence in institutions of learning. Several learners and educators
across the educational divide professed that they were not aware of the
reporting procedures and the response mechanisms against sexual violence in
their institutions. This has greatly contributed to the low levels of reporting,
and hindered victims' access to the necessary support serv1ces. This section
therefore considers the measures in place for raising awareness on sexual
violence in institutions of learning.

6.5.1 Policy Measures

TheNational Strategic Plan on Violence Against Children establishes a multi-

sectoral awareness strategy to end violence against children in schools. The key
strategic interventions include: a) designing and implementing a national
violence free schools campaign for primary, secondary farms and technical
schools b) strengthening the capacity of existing student led school clubs;
and;to facilitate the establishment of peace school clubs in schools where they
do not exist, c) to popularize the RTRR guidelines and the child helpline (116)
among children and the general public. d) Engage with cultural institutions
and community leaders of communities which practice harmful practices
against children in particular, female genital mutilation, early and forced
marriages, child labour and sexual abuse, to advocate for the abandonment of
these practices. e) Promote community and district level dialogues around the
abandonment of harmful practices such as child marriages, FGM, corporal
punishment, child labour and sexual abuse.

Other key policy documents include the National Sexuality Education

Framework which is intended to prepare learners to manage issues of

82 ~·
~~~----/~~---r~
sexuality,the RTRR Guidelines, and the Guidelines to support the formation
and strengthening of students' led school clubs as a mechanism for
empowenng learners to deal with school-based challenges including sexual
violence.

In addition, MoES with the support of USAID, designed training materials such
as the Journey's handbook which is on building a positive and safe learning
environment, and the learners' booklet on 'Say no to violence against children
in schools, intended to empower learners to report sexual violence.

However, as observed earlier, most of the policies instituted by MoES have not
yet been rolled out and implemented in all schools in the country due to
inadequate funding. The Committee further observed that most of the
awareness programs on sexual violence in institutions of learning are
implemented by Non-governmental Organisations and are limited to the project
areas of these organizations.

The Committee therefore recommends that MoES shouldprioritize

theimplementation of programs aimed at creating awareness on sexual
violence in institutions of learning in its budget for the FY 2019/2020.

6.5.2 Institutional Measures in Schools

The Committee found out that the schools have established both formal and
informal mechanisms of creating awareness on sexual violence. For example,
all the primary schools the Committee visited have talking compounds and
inscriptions on the walls with messages that promote a violence free
environment. In addition, some schools are implementing peer to peer
mentorship programs and have established child rights clubs with the support
of Non-Governmental Organisations to empower learners to report and track
cases of sexual violence. For example, FAWEU informed the Committee that:

"through one of our girl rights members, a teacher who had defiled 10
Kamuli. This case was

~ . V~)-
 followed up and the culprit was brought in court. In Buyende, two girl
rights club members reported to police a case of a 14-year old girl who was
being married off and Police intervened in time to stop this marriage and
the culprit was arrested"46.

Other platforms used by the schools to create awareness on sexual violence

include: the chaplaincy and mosques for faith-based institutions,which advise
learners to guard against sexually permissive behaviors; Parent-Teacher
Association (PTA) meetings which are used as a platform to talk to parents and
teachers regarding their parental responsibilities; guidance and counselling
sessions conducted by SMTsjSWTs, school counsellors and matrons on several
issues including sexual violence. In addition, some schools such as Mary Hill
High School and St. Lawrence Schools and Colleges hire professional
counsellors at the beginning and end of every term, to educate and empower
students with life skills. In these schools, new students undergo a one
weekorientation during which they are educated on various topical issues,
including sexual violence.

The Committee further learnt that government institutions have designed

specific programs for schools. For example, the Uganda Human Rights
Commission has established Human Rights and Peace Clubs, in schools as a
strategy of promoting human rights awareness within the school and the wider
community. The Uganda Police Force also occasionally conducts sensitization
programs in schools and communities, on human rights and crime.

The abovemeasures are augmented by sensitization campaigns by district

leadersin partnership with Non-Governmental Organisations (NGOs). One
district official recognized the role of NGOs in sensitizing learners on sexual
violence. He stated that:

"Quite a number of efforts have been made within Kamuli. I have somehow
isolated myself to the municipality but earlier on I was working with

46 Submission by FAWEU to the Committee dated 14th September. 2018

~84

~
 Kamuli district. .. However, years back, there was a school in which nine
girls missed PLE because they were pregnant. That was Nakyaka Primary
School. It took my initiative to involve Plan, elders including the bishop to
go to that place and sensitise members. After that, Plan International
picked interest in the place. In that place, it was normal for girls to marry
at the age of 14. We wondered about what we could do. We asked, do we
look for these men and arrest them? We felt that sensitization was a key
issue. We went ahead and sensitised this place. The school had only 300
children then. As I talk now, the school has 1,200 and the issue of
mamage of under age children is gone". Municipal Education Officer,
Kamuli

While the above efforts are laudable, the Committee observes that the scale and
magnitude of sexual violence in schools warrants the adoption of a more
structured, wide spread, continuous and all-inclusive approach of creating
awareness on the vice. To be effective and meaningful, awareness programs
must adopt a whole school approach that involves all the relevant stakeholders
within the school community.
The Committee therefore recommends that MoES should establish child
protection committees in all schools, which should be mandatedwith
sensitizing learners on sexual violence. To be effective, the Committees
should have a representation of all stakeholders in the school,
namely;students, teachers, school management and parents.

6.5.3 Measures in Universities and Tertiary Institutions

In Universities and Tertiary institutions, the imperativeness of creating
awareness against sexual harrasment is recognized in the university policies
that address sexual harrasment. For example, the Uganda Martyrs University
Policy, apportions the responsibility of disseminating the HIV /AIDS and Sexual
nt Policy in the Univers· and surrounding communities, to the

85

~-
Implementation Committee. Similarly, in Makerere University, the Directorate
of Gender Mainstreaming, is mandated to disseminate the policy and
guidelines against sexual harrasment through awareness-raising workshops.

The Committee further noted that all the Universities visitedinclude awareness
programs on sexual harrasment in the orientation of new students and
staff.New students are considered most vulnerable because they hardly know
how to maneuver through university life in general, and how to deal with
sexual harassment in particular. The new students are also availed with copies
of the university policies and, are sensitized about the reporting channels and
procedures. The orientation of students is conducted in conjunction with other
relevant stakeholders, including the Police.

To complement the above efforts, some universities such as MUST, UMU, MUK
and Kyambogo University are implementing peer to peer mentorship programs
where groups of student volunteers mentor fellow students in coping with
challenges of campus life, including sexual harrasment.Relatedly, student
leaders are also proactively involved in sensitizing fellow students about sexual
harassment. For example, the Makerere University and MUST student leaders
are actively involved in sensitization campaigns against sexual harrasment
both within and outside the university community. Although theseactivities are
hampered by inadequate funding, they have been resourceful in increasing
awareness about sexual harassment in these Universities.

Other activities mentioned by the Universities include, awareness workshops

and seminars spearheaded by civil society Organisations, and production and
dissemination of information, education and, communication materials on
sexual harrasment i.e. brochures, banners, posters and flyers.

Despite the above measures, the Committee noted that levels of awareness
especially regarding the ~~els and procedures on sexual

k)·~..._____Q "->---___,_/
harrasment in Universities remains low. This is evident in the low levels of
reporting. For example, MUST informed the Committee that they had received
and resolved just one case of sexual harassment; Kabale University and Gulu
University each reported three cases, Makerere University reported six cases;
Busitema University one case; while UMU, Islamic University of Uganda and
Lira University indicated they had each not received any case of sexual
harrasment, yet interactions with students confirmed that the vice is existent
in these Universities.
The Committee observed that the awareness programs are implemented on an
adhoc basisand, are also limited in scope and coverage therefore they have
less, if any impact. For example, the orientation program is a one-off event, it is
only for new staff and studentsand, it is not compulsory. The Committee
further observed that while student leaders play a crucial role in sensitizing
fellow students on sexual harrasment through peer mentorship programs, their
role is not recognized and streamlined in the university policy frameworks.

The Committee therefore recommends thatUniversities and Tertiary

institutions should;
i) Adopt widespread and consistent approach of creating awareness
on sexual harrasment within and outside the University community
and should allocate a specific budget for the same every financial
year. The availability of awareness programs should form part of
the NCHE quality assurance framework for licensing, routine
monitoring and audit of Universities and Tertiary institutions.
ii) Recognize and streamline therole of the students' bodies in
creating awareness on policies against sexual harrasment. The
students should be adequately trained and facilitated to effectively
support management in this regard.

87
I
IC)'LS2--
6.6 TOR 6: PROCEDURES OF RECEIVING, INVESTIGATING AND
RESOLVING COMPLAINTS OF SEXUAL VIOLENCE IN INSTITUTIONS
OF LEARNING

The Committee found that complaints of sexual violence in institutions of

learning are handled both administratively within the education sector and
through the criminal justice system. The ensuing section elucidates on the
procedures of receiving and resolving complaints of sexual violence in
institutions of learning.

6.6.1 Administrative Procedures in Universities and Tertiary Institutions

As already noted, there are no harmonized procedures for receiving,

investigating and resolving complaints of sexual harrasment in universities and
tertiary institutions. Therefore, each institution has formulated its own policy
and procedures for addressing complaints. The Committee reviewed the
policies and procedures in the universities visited.

6.6.1.1 Reporting Procedures

The Committee notes that reporting procedures for sexual harassment in

Universities vary. Some Universities, such as UMU only acknowledge formal
reporting procedures, while others such as MUK and MUST,provide for both
formal and informal reporting procedures. The informal reporting process does
not entail a disciplinary hearing and, is aimed at reaching an amicable
resolution of the matter. Students who utilize the informal reporting process
can only pursue minor actions such as a warning or, an apology by the
perpetuator.

Formal complaints on the other hand take on a more complicated process that
entails filing a written complaint. For example, under the MUK Revised Policy
and Regulations against Sexual Harassment, 2018 a formal complaint can be
lodged with the Gender main streaming Directorate, Directorate of Legal Affairs,
University Counselling and Guiding Centre or any persons of authority that the

~
victims trust while informal complaints are to be lodged with the student
leader, academic or administrative staff for onward transmission to the
Directorate of Gender Mainstreaming for recording. Similarly, the Uganda
Martyrs University, HIV and AIDS & Anti-Sexual Harrasment Policy, provides
that complaints can be reported to the Director Human Resources, Faculty
Deans, Immediate Supervisors, Dean of Students and any other person
designated by the Vice Chancellor.ln Universities which do not have stand-
alone policies such as Kyambogo, Gulu, Lira, Busitema and Islamic University
in Uganda, there is no clear framework for reporting, investigating and
resolving complaints of sexual harrasment. The Committee was informed that
the said Universities, are formulating policies to address sexual harrasment, a
process the Committee considers to be long overdue.

The Committee however noted glaring gaps in the reporting frameworksfor the
universities, the Committee visited, which discourages students from pursuing
formal reporting procedures. For example, some universities such as MUST
and UMU, prescribe time frames within which to file a formal complaint of
sexual harrasment, an issue the Committee considers unrealistic given that
cases are usually reported long after the incident has occurred due to several
reasons including the fear, shame and guilt. In addition, most incidents of
sexual harrasment happen outside the universities, yet the policies only apply
to incidents which happen in the University setting. For example, a student
alluded to this gap in the policy framework when she noted that:

"The other thing is that we have this Anti-Sexual Harassment Policy and a
Committee at Makerere but one of the problems it has is that it only deals
with sexual harassment cases that have happened within the university.
They must have happened on campus. We have a lecturer, still in the College
of Business and Management Studies - my best friend is there, and it
happened to her. They have this lecturer who knows that when he harasses a
girl from within Makerere, he will be punished. Therefore, what he does is he
will{Jlfk have sex

~
 inside his office at campus. He takes you to a motel or hotel and so many girls
have been victims of this lecturer", Student, Makerere University.

The Committee further noted that apart fromMakerere University which

recently revised it policy to recognize anonymous reporting of complaints, other
universities do not recognize such complaints, an issue which was repeatedly
cited by stakeholders as a key barrier to reporting. Most of the victims fear to
report through the formal channels due to fear of stigmatization. For example,
a student noted:

"We also have this thing of solidarity between lecturers. Of course, if I come
out and talk about this lecturer who made these sexual advances towards
me, when he gets punished, his colleagues are going to hate me and are going
to have a bias on me because I made their colleague maybe have their licence
revoked or something or maybe they were suspended. Therefore, if I am in my
second year, for the next two years at the university, I am going to be
stigmatised and isolated by the other lecturers because I had their colleague
punished".Student, Makerere University.

The Committee noted that universities are reluctant to accept anonymous

complaintsdue to fear that some students may abuse this window to make
frivolous and vexatious claims against lecturers. The Committee however
observes that given the culture of silence surrounding sexual harrasment in
universities, anonymousreporting mechanisms are necessary to provide victims
a safe haven to report. In addition, the Committee noted that in most cases,
perpetuators are notoriously known within the university community, and on
mere mention of a faculty, college or school,students know who the abuser is.
Therefore, anonymous reporting can trigger investigation of suspected abusers.

takeholders further expressed concern that the reporting lines are not
clear,and most students do not know where to report. For example, according
to the Makerere University Policy, complaints are supposed to be lodged
with the Gender Mainstreaming Directorate, Directorate of Legal Affairs and the

~
University Counselling and Guiding Centre. However, students noted that they
do not know where the offices are located, and the offices lack specific desks
where students can report. A student noted that:

"The institutions should enact clear references where students have to go and
report. For example, in Makerere, there is something called Makerere
Counselling Department but I have spent three years here without knowing it.
It was recently when I was passing by Mary Stuart hall that I saw it. Even in
orientation, it doesn't present itself, or come to show students and make them
know that there is a Department where they can report their cases. It could be
a good reference". Student, Makerere University.

The Committee observed that there is a general belief amongst students that
reporting is an exercise in futility, since the few cases which are reported to the
University have either been ignored or not investigated to logical conclusion.
For example, the Committee learnt of a case of a male lecturer of Makerere
University who fondled the bums of a female student as she was climbing
stairs. When the student reported the matter to the administration, she was
informed that since the lecturer did not have sex with her, the act did not
tantamount to sexual harrasment 47 .

The Committee further received information regarding a first-year student of

Botany and Zoology at the College of Natural Sciences, Makerere University
who reported a rape case to Wandegeya Police Station in March 2016, where
she alleged that her lecturer and benefactor, Mr. Chris Bakuneta had sexually
assaulted her in the garage-turned-bedroom that he had availed her near his
esidence in Quarry Flats. Mr. Chris Bakuneta was charged in court and
suspended by the University. The victim lodged a formal complaint to the
university in April 2016, but to date no conclusive action has been taken

47 1nformationprovided by a student of Makerere Yniversity during the public hearing held at

Parliamen~ 12 December, 2018 ~
91

~ ~ b-~
against the accused lecturer4 8. The Committee was informed that the case
against Mr. Chris Bakuneta was not investigated to logical conclusion because
the University policy and regulations against sexual harrasment prohibited it
from proceeding with disciplinary matters which were already in court.

The Committee also received information regarding the case of alleged sexual
harassment by Brian Musaga, a lecturer in the School of Statistics and
Planning in the College of Business and Management Sciences (COBAMS) at
Makerere University. The case was reported in July 2017 where six female
students alleged that Mr. Musaga sexually harassed and assaulted them in his
office after working hours. Mr. Musaga was in charge of examinations in the
School, a position that brought him into regular contact with students who had
examination-related problems. The University instituted a special committee to
investigate the allegations and suspended the accused person. To date, the
findings of the investigations have not be publicized49.

6.6.1.2 Investigationand Resolution of Complaints

The Committee notes that some universities have established Sexual

Harrasment Committees to investigate and resolve complaints. For example,
MUST and Kabale University have Standing Committees, while Makerere
University recently revised its policy to remove Standing Committees due to
conflict of interest issues. According to the revised policy, complaints are now
investigated by an Adhoc Committee instituted by the Vice Chancellor drawn
out of the broader Vice Chancellors Roster of 100 members who are considered
to be persons of high integrity, are trained and sensitized on sexual
harrasmentand procedural matters of handling cases.

According to the MUK policy, when the investigations are completed, the
written report communicating the committees' recommended verdict,is
forwarded to the Vice Chancellor for onward transmission to the relevant

48
Presentation to the Committee by M~kerere
Universit Management in a meeting held on
13th Decem~ber, 2019
4 9 !bid

. ~": 92~
-b-~.s.__....
disciplinary organ for consideration and final determination, as per the
established disciplinary procedures. Where the accused person is a staff
member, the report is submitted to the Appointments Board, and where the
accused is a student, the report is forwarded to the Students Disciplinary
Committee. In cases where the accused is neither a student nor a staff, the
report is forwarded to the Central Management for appropriate handling. The
penalties for persons found guilty of sexual violence include written warnings,
counselling, training, restraining orders, fines of up to two years' salary of a
staff, suspension, demotion, dismissal, criminal investigations and
prosecution. Similarly, the UMUPolicy requires a recipient of a complaint to
investigate and make a recommendation to an appropriate management organ.
However, the policy is not clear on the possible sanctions against perpetuators
of sexual harrasment.

The Committee observed that in most cases, perpetuators get away with lenient
punishments,an issue which discourages students from reporting. For
example, Kabale University noted that they have so far handled three cases of
sexual harrasment where lecturers were found culpable, but none of these
cases has culminated into the dismissal of the perpetuators. In one case, a
lecturer was found guilty of undermarking a student with the intention of
sexually harrassing her. The lecturer apologised to the student and was
forgiven, so the case was disposed of without further disciplinary sanctions
against the perpetuator. In another case a fourth-year medical student
attempted to rape a female student in Mitchell Hall, Makerere University in
April 2017. The case was brought to the attention of management, but no
action was taken against the perpetuatorso. In addition, the Committee was
dismayed to learn that Makerere University has dismissed only one lecturer for
sexual harrasment despite the several cases of sexual harrasment which have
been reported to the University management.

93
The Committee observes that failure to take decisive administrative action
against perpetuators of sexual violence, and to publicize the findings of
investigations has emboldened perpetuators to engage in repeated acts of
sexual harrasment with gross impunity.

In view of the above findings, the Committee recommends that:

i) Universities and Tertiary Institutions should take stern

disciplinary action against perpetuators of sexual harrasment to
send a strong signal to potential abusers that sexual harrasment
is not tolerated. In particular, Makerere University should
immediately resuscitate disciplinary proceedings against staff who
have allegedly been involved in sexually harassing students and
should update Parliament on the same within one month.
ii) The disciplinary actions taken by Universities and Tertiary
institutions against perpetuators of sexual harrasment should be
publicized within the University community and victims should be
given copies of the disciplinary decisions for transparency and
accountability.
iii) Universities and Tertiary institutions should install facilities for
anonymous reporting to encourage reporting. These include;
hotlines, suggestion boxes and online reporting applications such
as SAFE PAL51,

6.6.2 Administrative Procedures in Schools and Colleges

The Committee observed that the procedures for addressing complaints in

schools and colleges are somewhat similar. Complaints are handled at two
levels; intemally by the school and at the district level for primary schools and
ministry level for secondary schools and colleges. However, the Committee
noted that there is lack of clarity regarding the severity of the incidents of

51
See F otnote 18
~~
~·
/)
sexual violence that are handled at the different levels (school, district or
ministry).

At the School Level, the Committee was informed that complaints can be
reported to the SMT /SWT, parent, head teacher, class teacher or any other
person who the learner trusts. In either case, the person who receives the
complaint within the school is supposed to report the case to the Headteacher.

On receipt of the complaint, the head teacher is supposed to forward the matter
to the School Disciplinary Committee of the Board of Governors or School
Management Committee for disciplinary action if the perpetuator is a staff
member of the school, and if the perpetuator is a learner, the headteacher
takes disciplinary action against the learner in line with the school rules and
regulations.If the case is of a criminal nature, the Headteacher is required to
refer the matter to the police.

The Headteacher is required to implement the decision of the disciplinary

committee and to communicate the same to theDistrict Education Officer
(hereinafter referred to as DEO)or the MoES for any further disciplinary
action.On receipt of the complaint, the DEO is expected to investigate the
allegations and draft a report, and if the allegation is proven true to report to
the District Service Commission for termination of the services of the teacher52 •

However, the Committee observesthat,the above step-by-step procedures are

not clearly documented in the MoES policies which underscores the need for a
comprehensive policy on sexual violence in schools. Other issues noted by the
Committee are considered in the ensuing section.

6.6.2.1 Weak institutional structures

The Committee observes that the administrative structures in schools are too
weak to effectively detect and respond to incidents of sexual violence. For
example, the Committee noted that SWT and SMTwho are assigned the

52 Presentation by Moroto District 0~'\ials dated 2nd November, 2019

95
responsibility of detecting and reporting sexual violence to the school
administration lack a clear understanding of the scope of their roles and
responsibilities. Although MoES informed the Committee that SWT I SMT were
issued with Terms of Reference, most of the SMT the Committee interfaced with
understood their role to be limited to menstrual hygiene, checking for
pregnancies and counselling. The Committee was informed that MoES is in the
process of developing guidelines to streamline the roles of SWTsiSMTs.

In addition, SWTsiSMTs are not adequately skilled to deal with cases of sexual
violence especially those which involve teachers. They find difficulty reporting
cases involving senior staff members as this would put them on a collision
course with their superiors since they hold junior positions in the school
structure.

The Committee further noted that SWTsiSMTs are overwhelmed with

responsibilities since they double as teachers and are required to teach a full
schedule of classes while at the same time performing their role. This leaves
little room interaction with learners. This is exacerbated by the fact that each
school is required to have one SWT ISMT notwithstanding the population of
learners in the school. Therefore, in government primary schools where the
population is very high, SWTI SMT are unable to meet the individual needs of
the learners. The Committee was informed that due to the volume of work,
SWT ISMT are assisted by other teachers.

It was noted that most of the schools visited lack facilities for SWTI SMT to
meet privately with the learners, and SWTs meet students in the staff room in
the presence of other teachers. This puts victims in a precarious position as
they are required to narrate their ordeal in the presence of perpetuators or
their peers.

The Committee further noted that SWTISMT are demotivated since the position
comes with extra responsibilities but with no extra allowance. The Committee
was informed that previously, a SWT ISMT was paid an allowance

~~';' ~~
t:r-~
360,000 per month but when the salaries were consolidated, the allowance was
scrapped.

The Committee recommends that:

i} MoES should fast track the guidelines for streamlining the

position of the SWT and SMT in the school structure, not later
than June, 2019. The Guidelines should clearly define the roles
and responsibilities of SWT/SMT in regard to detecting, reporting
and responding to sexual violence.
it} MoES should review the reporting lines for SWT/SMT within the
school structure with the view of making them independent to
mitigate the possibility of conflict of interest that is apparent, in
situations where the perpetuator is a high·ranking school official.
i. MoES should consider an increase in the number of SWT/SMT in
schools that have a high population of learners,and should ensure
that schools designate private places where the SMT/SWT can
freely interact with the learners.
iii)MoES should prioritize the training of SWT/SMT on how to
detectand respond to sexual violence, in its budget for the FY
2019/2020.
iv} Government should consider reinstating the allowances of
SWT/SMT in the Financial Year 2019/20 to incentivize them to
perform their role effectively.

6.6.2.2 Reluctance by Schools to Report

he Committee found out that there is a general reluctance by schools to report

cases of sexual violence to the District Education Department or MoES, largely
due to the common fear of denting the reputation of the school. The schools
prefer to resolve cases of sexual abuse quietly, and rarely take disciplinary
action against abusive teachers. For example, the District Education Officers of
only few 'serious' cases of sexual violence by teachers, such as those which
result into pregnancy of a learner.

The practice of covering up sexual violence was evident during the interactions
with the management and staff of the schools visited. The school officials often
denied any knowledge of existence of sexual violence in their schools yet
interactions with students revealed that learners were being abused.

Additionally, schools rarely report cases of a criminal nature to Police and,

some are even not aware about their responsibility to report to Police, and have
relegated this role to the parents of the victims. For example, the Committee
reviewed proceedings of a disciplinary meeting of the School Management
Committee {SMC) of Kanyantura Primary School, Mbarara district in which a
teacher was accused of defiling a pupil. The SMC resolved to suspend a teacher
without giving him a proper hearing, since the records do not show that the
teacher appeared before the Committee. In addition, the SMC advised the
parent to report the case to the police yet it is the responsibility of SMC to
report and follow up on such cases with the Police which goes to demonstrate
that SMCs are not abreast with their role in handling sexual violence matters.

In view of the afore mentioned inadequacies, the Committee is of the

considered view that, the suitability of schools to internally resolve cases of
sexual violence against teachers should be reexamined.

The Committee therefore recommends as follows:

i) Cases of sexual violence against staff of the school should be

exclusively handled at district level for primary schools and
Ministry level for secondary schools and colleges. This will
mitigate the possibility of conflict of interest that is apparent in
situations where the perpetuator is a high·ranking school officiaL
The procedures for referral of cases to the District and MoES
should be streamlined and publicized in all schools and colleges.

~
 ii) MoES should ensure that Child Protection Committees are
established and operationalized in all schools to track cases and
ensure that they are reported, investigated and resolved.In
addition, MoES should harness Parent Teacher Associations to
report,andfollow up on incidents of sexual violence in schools.
i) Uganda Police Force should strengthen collaboration with
institutions of learning, in order to encourage learners to report
directly to the Police. For example, South Africa implemented a
program known as "Adopt·a·Cop" which paired each police officer
with a school in his or her jurisdiction to increase visibility and
accessibility of Police to the learners. A similar program should be
adopted in Ugandasa.

6.6.3 Criminal Processes and Procedures

Sexual violence is a criminal offence punishable by law and therefore

complaints thereof are received, investigated and resolved through the criminal
justice system like any other criminal offence. The Committee however found
several barriers that inhibit victims from pursuing justice through the criminal
justice system. The issues highlighted by stakeholders during the inquiry are
considered below.

6.6.3.1 Low Levels of Reporting

The Police is usually the first point of contact for victims of sexual violence in
the criminal justice system and, is responsible for receiving complaints,
apprehending perpetuators and conducting criminal investigations for
prosecution of the offender. A complaint can be filed by a learner, his or her
parent or any other person who has a duty to report sexual abuse.

53 Sexual Violence by Educators in South African Schools: Gaps in Accountability by the

Centre for Applied Legal Studies and Cornell Law School's Avon Global Center for Women and

..?::s~:J::.""'" ""'~m·~""'~~ v~
The Committee however noted that the number of cases of sexual violence
reported to police from institutions of learning, are comparable to a floating
iceberg since most of the cases are not reported for various reasons including;
fear of being blamed, not believed or otherwise mistreated; scepticism about
the integrity and ability of the police to conduct fair, transparent and quality
investigations that can result into conviction of the perpetuator; insensitive
attitudes of police officers towards victims of sexual violence; and
inaccessibility of police stations by victims, especially in rural schools and
colleges.

The Committee noted that although every sub-county has atleast one police
post, the police posts are few, far apart and are not adequately equipped with
staff and resources to serve the needs of the population in an entire sub
county. Victims have to walk considerable distances to access a police post
and, because the police posts are not well equipped, victims are referred to
main police stations which are mostly located in urban areas. Police stations
are also grossly understaffed and ill-equipped. They do not have specially
designated private facilities for reporting cases, and trained personnel for
counselling victims of sexual violence. Victims are therefore asked
embarrassing questions and, are made to recount their ordeal at the front desk
in the presence of strangers.

The Committee observesthat Government of Uganda made a commitment

under the Kampala Declaration on Sexual and Gender Based Violence, 2011,
to establish gender desks in institutions where they do not exist and, to
allocate a specific budget for the same to facilitate the fight against Sexual and
Gender Based Violence (SGBV). In response, government set up the Child and
Family Protection Unit within the police in 1998,which are spread out in police
stations across the country. However, the units are equally understaffed,
underfunded and police officers manning the units are not adequately trained

to h=dk -ru "'olffi~ ~ ".'

~- 100 '

-b-1\_~~-
The Committee therefore recommends that:

ii. Parliament should appropriate a specific budget for the full

operationalization of Police Family and Child Protection Units
across the country,in the financial year 2019/2020. The funds
should be inter alia, applied to training personnel to effectively
operate the units and provision of exclusively designated rooms for
the privacy of victims as they interface with the Police.

6.6.3.2 Mismanagement of Cases

The Committee learnt from a cross section of stakeholders, that police officers
have the habit of brokering negotiations between victims and perpetuators,
with the view of settling cases of sexual violence out of court in order to shield
perpetuators from the law.Stakeholders further stated that it is a standard
practice for police to demand for 'facilitation' from victims for transport to
apprehend the suspects, and that failure to pay the amount often results into
the police abandoning the investigations. These assertionsare evident in the
laxity by police to apprehend perpetuators of sexual violence in schools and the
release of suspects from police custody under unclear circumstances. For
example, during the visit to Bundibudgyo District, the Committee learnt of a
case of a girl who was allegedly defiled by a teacher of Bumadu Primary School
in 2016. The teacher was apprehended by the police and released on police
bond two days later. However, the teacher absconded and is alleged to have
relocated to Bushenyi district. At the time of the visit, the policehad not made
any attempt to re-arrest the teacher.

The Committee received information about another case in Kamengo primary

chool, Kabarole district where a 14 years old girl in Primary Seven, was defiled
nine times by a teacher (SMT) at the school. The case was reported to police,
but the suspect is still at large.ln another case, a senior two girl of Namasagali
College was raped by a primary school teacher who was teaching at a private
school ip Soroti. The teacher was apprehended by the police,but was not

~
0

101

- . ~~
arraigned in court. It is alleged that the teacher paid some money to the police
and was released on police bond. The teacher absconded and the police could
not trace him, since they had not retained a copy of his identity card.

The Committee observes that the general indifference by police in apprehending

of perpetuators of sexual violence in schools and the unconditional release of
suspects on police bond discourages victims from pursuing justice against
perpetuators and, engenders a culture of impunity that is evident in most
institutions of learning.

The Committee recommends:

i) The Uganda Police Force should establish functional oversight

mechanisms to monitor the progress of cases at police stations to
ensure that they are properly handled. Officers who are found
culpable for mishandling cases should be accordinglydisciplined.
ii) MoES should establish mechanisms of monitoring and tracking the
progression of sexual violence cases at police, to ensure that they
are properly handled and concluded.
iii) The Committee in charge of Education at local government level,
should be accorded the responsibility of superintending over sexual
violence cases involving learners. This includes monitoring and
follow up of investigations and prosecutions with law en.forcement
agencies in their locality.
iv) The Justice Law and Order Sector should develop bail and bond
guidelines, to streamline bail and bond decision making in the
police and the judiciary respectively.

6.6.3.3 Challenges in the Forensic Examination of Victims

Upon making a report, the victim of sexual violence is required to obtain a

medical examination form from the police also known as Police Form 3 (PF3) in
order to be examined by a health practitioner. PF3 is used to document
medical evidence of sexual violence While proof of sexual violence in Uganda

f) .»- 102
does not entirely depend on medical evidence, PF3 is critical for the successful
prosecution of cases since sexual offences usually occur in private and other
evidence may not be readily available.

The Committee however noted that PF3 which is used to document medical
evidence of sexual violence,is not available in most police stations and police
posts especially in rural areas.Victims are therefore required to pay for the
form, or to photocopy the samewhich presents a significant hurdle for the
victims since photocopying services are not accessible in remote areas. Even
when the victims access the medical forms, they do not go to the health centers
but use the forms as a bargaining document. As one official stated "they
threaten the perpetrator that see, I am from police, if you don't come to talk to
me, I am going back to police"54 . To deal with this problem, the police has
adopted the practice of escorting the parent and the victim to health centres for
medical examination.

The Committee observed that previously, victims of sexual violence especially

in rural areas found difficulty accessing forensic examination due to, the
scarcity of medical doctors and police surgeons who were the only medical
practitioners mandated by law to fill PF3. However, PF3 was amended to permit
clinical officers (formerly medical assistants) and mid-wives to conduct forensic
examinations. The new police form has also been designed specifically for
medical examination of victims of sexual and gender-based violence. While the
revision of PF3 is laudable, stakeholders for example in Bundibugyo and
Ntoroko indicated that victims still find difficulty accessing clinical
officerswho,are mainly based at Health Center Ill level yet most health facilities
n rural areas are still at the level of Health Centre I!. In addition, there is
limited awareness about the amendments in Police Form 3 and, victims still
seek for medical doctors to examine them.

District Police Command~r.

54
Buny gabu D1strict

n 1o3

bib) l.-<....--
The Committee further noted that medical workers in government health
facilities are reluctant to examine victims of sexual violence because of they
consider the process of attending court as laborious and costly since they are
not adequately facilitated with transport to attend court. Medical workers
resent attending court because,they are made to wait for long hours and lose
business as a result; court schedules are unpredictable, with cases often
postponed at short notice and long hours of waiting by witnesses who are to
give short testimonies. To overcome this challenge, the Committee noted that
some courts such as Mbale High Court,have adopted a practice of giving
priority to medical experts to testify before any other witness,so that their
testimonies can be taken without delay.Additionally, medical workers also feel
over burdened by the requirement to fill two forms, i.e. the medical history and
examination form which is ordinarily filled by doctors and PF3.

Stakeholders further expressed concern that health centers lack the equipment
for testing semen, and basic sundries such as gloves for the examination of
victims of sexual violence, which further discourages medical practitioners
from examining victims. This is exacerbated by lack of trained and skilled
health personnel to handle forensic evidence. This often results into poor
quality, forensic examinations, which renders the evidence insufficient to
sustain a conviction against a perpetuator. The Committee was informed that
police, judicial officers and health workers have been trained under the ICGLR
Regional Training Facility to enhance their capacity to conduct forensic
examinations and prosecution of cases.

The Committee was further informed that health providers in government

health facilities, charge victims of sexual violence a "doctors' fee" for their
services, yet the service is supposed to be free. The Committee noted that
health providers are supposed to be paid a sum of Ushs. 25,000 shs. for
medical examination under a Justice, Law and Order Sector Programme but
the payment is often delayed due to bureaucracies. Ther ore, victims are still
being charged a fee for such examinations, s under the pretext of

-104
using the money to go to court to g1ve evidence although the court refunds
such transportation costs.

The Committee recommends that:

ii) Uganda Police Force should prioritize funds for the procurement of
printing and photocopying equipment for reproduction of PF3in
the financial year 2019/2020. In addition, the Police should
ensure that the forms are accessible online, at police stations and
health facilities across the country.
iii)Government should enforce existing policies to eliminate all costs
associated with reporting cases of sexual violence. This includes
costs of medical examination and reproduction of PF3.
iv) The Ministry of Health should work in collaboration with
institutions under the Justice Law and Order Sector to streamline
case management procedures for clarity and better coordination.
This includes designing one comprehensive medical examination
form to ease the work of the health practitioners and to minimize
the need for the victims to undergo medical examination twice.
v) The MoH should prioritize retooling of health facilities across the
country with post rape kits, forensic examinationequipment and
training of medical personnel in forensic examinations within its
budget for FY 2019/20.

6.6.3.4 Low Prosecution Rates

The Committee noted that the ODPP does not maintain disaggregated data of
the cases of sexual violence arising from institutions of learning. Accordingly, it
was difficult to ascertain the actual conviction rates of perpetuators. However,
the Committee noted that the success rate for prosecution of sexual offences is
generally very low. Several cases have been withdrawn or dismissed by court
due to insufficient evidence arising from poor quality investigations and late
r~rting by victims. / M n c e , the Co;i~t:e;~ that the case of

)11!:' 105 'W"' ~ (

b~. £..---'(:;;>
defilement against the former head teacher of Kibuli Secondary School, was not
sanctioned for prosecution due to insufficient evidence, as a result of late
reporting and contradictory witness evidence. Another example is the case of
Mr. Musaga Brian,a lecturer at Makerere University School of Statistics, who
was charged with five cases of indecent assault before the Grade One
Magistrate, LDC Court in 2016. One case was withdrawn because the victim
relocated to another country. The second case was dismissed by court for want
of prosecution because the victim suddenly denied knowledge of the facts of the
case and refused to answer court summons to testify. Three cases are still
pending in court for judgementss.

Additionally, the Committee noted that parents of victims,and victims,often

collude with perpetuators to withdraw from the criminal proceedings and settle
cases out of court, in exchange for money or in the hope that the perpetuator
will marry the victim. A district official noted:

"When the case is reported to police, especially defilement, as police is

trying to handle the case, you find people going down and carrying out
negotiations in villages. Should you by bad luck fail to get the suspect in
time, you only realise the complainant or relatives of the victim telling you
the suspect is not there. They keep telling you the suspect is not there only
to realise these people have settled their issues down there and you are
left here with the file. By the time you try to follow up, it is too late".
District Police Officer, Bunyangabu.

The Committee further noted that some parents even go to great length to
conceal birth certificates of their children in defilement and early marriage
cases, with the intention of shielding perpetuators from the law. Yet, besides
birth certificates, the country lacks scientific means of proving the age of the
victim. This has frustrated prosecution of several cases since the success of
defilement cases depends on proof of age of a victim. This challenge was mainly

ss Presentation to the Committee by the Office of the Direc of Public Prosecutions on 11th

~~~ -<f:> 106

~
cited in the districts of Ntoroko, Bundibudgyo, Bunyangabu, Mbarara and
Nakaseke where cases of early marriages are rampant. In such situations, the
ODPP is forced to withdraw the case leaving the perpetuator to go scat free.

The Committee further established that some Resident State Attorneys are
complicit in handling cases of sexual violence, which has partly contributed to
the low case attrition rates. For example, the Committee learnt of a case of
defilement of a pupil of Lwanda Primary School in Jinja District by a teacher.
The case file was forwarded to the Resident State Attorney (RSSA) of Jinja for
legal advice. However, the file was returned to police with instructions that
"close and put away, that the complainant together with the victim appeared
before the RSSA and withdrew the case against the suspect".

In another case, a pupil ofKibale Primary School, Rukungiri district, was

defiled and impregnated by a teacher. The matter was reported to police and
the accused person arrested. However, the state attorney refused to sanction
the file on ground that he had received information from the wife of the
accused that the accused had previously undergone a vasectomy and was
therefore incapable of fathering a child. The State Attorney advised the police to
wait for the child to give birth so that a DNA test can be conducted to establish
the paternity of the child.

The above cases demonstrate the abuse of prosecutorial discretion which is

bestowed upon the Directorate of Public Prosecutions by the Constitution.
While the Committee was informed that the ODPP follows established
guidelines in deciding whether or not to prosecute, the situation on ground
tells of a story of abuse of prosecutorial powers by Resident State Attorneys.

The Committee observes that there is need for accountability either by

disciplinary action or criminal prosecution of prosecutors who misuse their
power, and, discretion to discontinue investigations or prosecution without
sufficient legal basis.
<?(

107
The Committee recommends that:

i) ODPP should establish functional oversight mechanisms to monitor

the exercise of prosecutorial powers by its officers especially in
regional offices. Officers who are found culpable for mishandling
cases should be accordingly disciplined.
ii) The Constitution should be amended so that the DPP may not
discontinue criminal prosecution in capital offences such as
defilement, except with the permission of court.
iii)Parents of victims of sexual violence who conceal evidence and
collude with perpetuators to defeat the ends of justiceare
accomplices in crime. Police should therefore arrest and prosecute
them to deter others from engaging in the practice.

6.6.3.5 Protracted Investigations and Court Trials

The Committee noted that there are usually inordinate delays between the time
the incident is reported to police, and the commencement of the trial, due to
the several factors including the difficulty in tracing perpetuators and
witnesses, delays in conducting forensic examination of victims and analysis of
forensic evidence, delays in sanctioning files by the Directorate of Public
Prosecutions due to insufficient evidence among other issues.

In addition, criminal trials last for several years because, court sessions are
held intermittently and there can be numerous adjournments occasioned by
the incomplete police investigations, adjournments sought by defense counsel,
the prosecution, or the officers of the court. Yet, in most cases, victims
especially in rural schools and colleges,have to travel long distances to access
the courts. Sexual violence is a capital offence which is triable by the High
Court, yet most districts do not have High Court Circuits and victims have to
travel long distances to where the High Court is based or to wait for High Court
sessions which are held intermittently. For instance, cases in Bundibudgyo are

~-
~~ 108
handled by the High court in Fort portal while cases in Pader are handled by
the High Court in Gulu.

The Committee observes that delays in conducting investigations and court

trialsnot only deprives victims of justice,but also makes the victims and their
families further susceptible to pressures from the accused to withdraw from
the proceedings and, settle the matters out of court.

The Committee further observes that government made a commitment under

the Kampala Declaration, to establish and strengthen special courts, sessions
and procedures to fast-track SGBV cases in the police and judiciary. The
Committee noted that the judiciary dedicated the period October to December
2018 specifically for handling sexual offence cases across the country. While
these efforts are laudable, the Committee is of the considered view that there is
need for specialized courts dedicated to sexual offence cases. Research from
countries like South Africa which have a high prevalence rate of sexual
violence,shows that specialized courts are instrumental in reducing the cycle
time for disposal of sexual violence cases and increasing the conviction rate of
sexual offenderss6.

The Committee therefore recommends that:

i) Government fast tracks the establishment of specialized SGBV

courts across the country to facilitate the expeditious disposal of
sexual violence cases.
ii) In consideration of the Sexual Offences Bill, 2015, Parliament
should prescribe a timeframe within which courts should dispose
of cases of sexual violence, as is the case in the Children's
Act, which prescribes a time frame for disposal of cases involving
juvenile offenders.

56 Report on Sexual Offences Against Children: Does the Criminal Justice System Protect
Children? South African Human Rights Commission, April 2002, Page 25
C'

~
109

~~
6.6.3.6 Unfriendly Court Environments

The Committee noted that the court environment is often traumatizing for
victims, as most courts lack facilities that allow the victims to testify outside
the court room, behind a screen or by video. In most cases, the proceedings are
held in open court, thus placing the accused directly in front of the victim,
which creates an environment of intimidation for the victim and her family by
the perpetuator. In a bid to protect witnesses and minimize secondary
victimization, the Committee was informed that the judiciary has introduced
the taking of evidence by Audio-Visual link, a procedure that involves
witnesses and perpetuators being in different rooms at a time of the trial, while
their evidence is being taken. The equipment has been installed in only seven
high court divisions and circuits of Kampala, Makindye, Mbale, Mbarara, Gulu,
Arua and Fort portal due to inadequate funds.

The Committee recommends that Government should allocate adequate

resources to the Judiciary in the FY 2019/20 to improve its ICT
infrastructure and scale up the installation of audio-visual equipment in
all courts to make the criminal justice system more victim:{riendly.

110
6. 7 TOR. 7: SUPPORT SERVICES ACCORDED TO VICTIMS OF
SEXUALVIOLENCE.

As already noted, sexual violence is a traumatic experience, which often results

into permanent physical and mental injury that affects the learner's entire life.
It is therefore imperative, that, survivors have timely and continuous access to
a continuum of support services including medical services, psychosocial
support, legal assistance, and social reintegration and rehabilitation services to
ameliorate the traumatic effects of the expenence. This section therefore
appraises thesupport services accorded to victims of sexual violence in
institutions of learning.

6.7.1 National Policy Imperatives

The Committee notes that Government is committed under various policies to

provide support services to victims of sexual and gender-based violence. The
overarching framework in this regard is, the National Policy on Elimination of
Gender Based Violence, 2016, which requires government to: establish
emergency shelters;create assistance services at police stations, hospitals,
schools, neighborhoods and communities; provide timely medical services
including Emergency Contraceptives (EC), Post Exposure Prophylaxis and
Sexually Transmitted Infection treatment among others; and strengthen the
law enforcement procedures to enhance timely access to justice; establish and
strengthen psychosocial services for victims; support initiatives for economic
empowerment and improving livelihoods of survivors; and establish and
strengthenGBV referral pathways and link survivors to referral services within
their communities.

line with the above policy imperatives, the Ministry of Health has established
Manual on Clinical Management of Sexual and Gender Based Violence
Survivors, and a Policy of administering PEP to rape and defilement victims
while the Ministry of Gender Labor and Social Development has formulated
National Guidelines for the Provision of Psychosocial Support for Gender Based
o· . . ~ ,~
111 J?
~~
Violence Victims/Survivors, 2016 and the Guidelines on the Establishment
and Management of Gender Based Violence Shelters in Uganda, 2013.

The RTRR Guidelines further outline the support services that schools, and
other key players are required to provide to victims of sexual violence within
and outside the school environment. These include: medical treatment for
physical injuries, and PEP to reduce the risk of the child contracting
HIV j AIDS, transport costs to court and escorting victims to court, among
others. It is evident from the guidelines, that the provision of support services
to victims of sexual violence in institutions of learning, is a multi-sectoral issue
that involves parents, school authorities and the relevant government
ministries.

However as earlier noted the above policies are not backed by legal obligations,
which makes provision of the services dependent on the benevolence of the
responsible actors. This potentially means, that there is lack of accountability
and responsibility by any sector for providing support services to learners who
experience sexual violence in institutions of learning.

6.7.2 Support Services Accorded to Victims

6.7.2.1 Medico-Legal Services

Sexual violence is associated with a wide range of health consequences for the
victim including physical injuries; pregnancy; STis, HIV and hepatitis B; and
psychological trauma among others. Yet some of these effects can be prevented
if the victim reports to a medical facility within the 72 hours 'window of
opportunity', for forensic examination and medical management where they are
given Post Exposure Prophylaxis (PEP) to prevent HIV and Emergency
Contraceptives to prevent unwanted pregnancies.

The Committee found out that medical facilities exist both within and outside
the Universities visited which provide medical services to victims of sexual
harrasment. For example, Makerere University refers v·cti to the University

~
112
Hospital which is a few meters outside the University, Lira University has a
teaching hospital and while Gulu University refers cases to Gulu Regional
Hospital which is also in close proximity to the University. In addition, most of
the universities visited, have counselling units that provide free counselling
services to students with sexually related problems. In terms of legal support,
the universities visited have police units within their perimeters where students
can report cases of sexual harrasment and abuse.

Unlike universities, most of the schools are located far away from health
facilities and do not have in-house facilities for providing support to victims of
sexual violence. The school structures such as the school nurse, matron,
SWT /SMT do not have the requisite capacity to provide medical and
psychosocial support to victims of sexual violence. At most, victims are given
first aid and sent home, or they are referred to health facilities for further
medical management.

The Committee however noted that most victims of sexual violence do not
access medical services in time and those who access the services do so with a
lot of difficulty.The factors that impede access to medical services by victims
are considered in the ensuing section.

a) Limited knowledge of existing medical services

The Committee found out that most victims of sexual violence in institutions of
learning are ignorant about the existence of post sexual assault services in
health facilities, the procedures to be followed after sexual assault (i.e. not
washing and keeping clothes); and the 72 hours 'window of opportunity' for
medical attention and forensic examination. Therefore, victims of sexual
violence who report to health facilities for medical assistance do so after several
months or even years after sexual assault when it is too late for them to benefit
from emergency medical services such as PEP and EC.

113

k J~z__ ___.,.
The Committee thus found several cases of learners who have contracted
HIV I AIDS and gotten pregnant as a result of sexual violence. For example,one
student informed the Committee that:

"Me I was defiled when I was still a young girl of 11 years by a man of 30
years in Nebbi town. Since then I have not told anyone. Worst of all, the
man was rumored to be HIV positive, now I am also positive but not on
drugs yet". (Student of Ediofe Girls Secondary School, Arua district)

The Committee was informed that MoH with the support of the World Health
Organization printed booklets and brochures to guide victims on the steps to
take after sexual assault. However, the Committee did not find
thesematerialsin the institutions of learning visited.

The Committee recommends that MoESshould work in collaboration with

the Ministry of Health to distribute sexual assault information kits in
institutions of learning, to increase awareness about post sexual assault
procedures and services.

b) Reporting as a Precondition for Accessing Services

The Committee noted that victims of sexual violence are required to report
cases of sexual violence to the police in order to secure PF 3, before they can
proceed for medical examination where they can access emergency services
such as PEP and EC. Yet, given the trauma and other barriers, victims are
often not in position to report to the police immediately after the incident. This
also implies that victims who wish to access medical treatment without
pursuing legal action against perpetuators are deprived of access to medical
treatment.

The Committee observes that given the nature of emergencymedical treatment,

it should be rendered without delay and should, as far as possible, avoid
bureaucratic requirements. Access to medical treatment s uld therefore not
be preconditioned on reporting to~

~1~ 114

-b~....____-
The Committee recommends that MoH should hold a joint meeting with
the JLOSto out modalities of ensuring that victims of sexual violence
access medical care as a matter of priority.

c) Absence of Medical Services in Health Facilities

The Committee noted from submissions of stakeholders that Post Exposure

Prophylaxis (PEP) treatment for prevention of HIV and Emergency
Contraceptives for pregnancy, are not available in some health facilities
particularly Health Centers II which are located in remote areas. In addition,
some health centers do not have personnel at the level of clinical officers, who
are mandated to examine victims of sexual violence and, where they exist, they
are not professionally skilled in medico-legal examination of victims of sexual
violence. This problem was mainly cited in the hard to reach areas of
Bundibudgyo and Ntoroko.

The Committee recommends that:

a) MoH should prioritize the recruitment of health workers especially

in upcountry health facilities to treat sexual violence victims,in the
budget for the FY 2019/20
b) MoES should work in collaboration with the MoH to develop
professionally accredited training programmes for health
personnel on the treatment of victims of rape/sexual assault;
medico-legal documentation; court room appearance; and the
psychological consequences of rape/sexual assault.

c) Lack of Follow upMechanisms

As already noted, when school girls get pregnant, the school reacts by expelling
them from the school to absolve itself from liability. The child is left in the
hands of parents who at times excommunicate her from the family leaving her
destitute. Once the pregn~ has drop:d. ~u;~chool, the school
0'

~ 115 ·~~.r /
\
u~~Z...--
administration does not bother following up to establish the whereabouts of the
child or how she is coping with the situation.

The Committee found out that while DEO's the Committee interacted with had
information on the number of schools and their registered students, they did
not have statistical informationon the number of students who drop out of the
school system as a result of sexual violence, which further demonstrates the
absence of a follow up mechanism on victims of sexual violence.

The Committee recommends that MoES should maintain a database of

learners who drop out of school as a result of sexual violence and,
should design mechanisms for following up on the learners to ensure
that they have access to support services.

d) The Need for Integrated Service Provision

The Committee observed that the processes and procedures for accessing
medical services support services are uncoordinated, unnecessarily lengthy
and overly bureaucratic. For example, there is duplicity of procedures as
victims are required to report to the police to record a statement and to the
health care facility for medical examination which are often distances apart.
This implies that victims have to contend with the unpleasantness of
recounting their experiences to several service providers as they interface with
the health and justice systems.

The Committee notes,that establishing common procedures across health and

justice sectors, could potentially improve linkages between the two sectors and,
ease access to services by victims. The ideal is that the medico-legal and the
health services are provided simultaneously, that is, at the same time, in the
same location and preferably by the same health practitioners7.

A number of countries have adopted an integrated service provision model to

ease access to support services by victims of sexual violence and protec
'~
p~
victims from secondary victimization. One of the popular models is the "one
stop center" where victims can access services under one roof. For example, the
Thuthuzela Care Centers in South Africa are located in public hospitals and
offer a wide range of services including medical, legal, and psychosocial
support to victims of sexual violence. The centers are directly linked to a
specialized court that tries sexual violence cases to support speedier, more
sensitive and effective prosecutionsss.

Another model is one that functions as a system of established referral

networks rather than a single physical entity59, Though the services may not be
available at one physical location, linkages are created to enable quick and
coordinated access to a range of support services. This model is recommended
for low income settings which may not have the resources to establish and
maintain 'one stop centers'6o.

The Committee observes, that government made a commitment under the 2011
Kampala Declaration on Sexual and Gender Based Violence (SGBV) to establish
Recovery Centers for victims of Sexual and Gender Based Violence within the
next two years of the Summit and Special Session on SGBV.

The Committee therefore recommends that government fast tracks the

establishment of Recovery Centers for victims of sexual violence across
the country in a phased manner effective the financial year 2020/2021.

6.7.2.2 Inadequate Psychosocial Services

As already noted, psychosocial support to victims of sexual violence in

Universities, is provided by University counsellors while in schools, by the
school matron or SWT/SMT.However, the Committee noted that,the provision
of psychosocial services is not streamlined within institutions of learning and,

"Report on Sexual Offences Against Children: Does the Criminal Justice System Protect
Children? South African Human Rights Commission, April 2002, Page 2
59 Lauren Harris, Julie Freccero, Sexual Violence: Medical and Psychosocial Support, a
Workmg Paper of the Sexual Violence & Accountability, Project Human RV'ghts Centr
U~F.,vers1ty of Califorma, Berkeley May, 2011, 14.
60 'ftJH~

~ b
117

~
the services are provided on an adhoc and voluntary basis. For example, the
University Counsellor for UMU, is only available on Wednesdays while in
schools, the services are provided by the SWT/SMT whoare not adequately
trained to meet the psychologicaland mental health needs of the victims. In
most cases, victims have to consult service providers outside the school or
campus.

The Committee further noted that the provision of psychosocial and mental
health care, is not recognized in most health facilities as a core part of primary
health care of victims of sexual violence. When victims are medically examined
by health workers, they are often sent away or referred to Non- Governmental
Organizations for psychosocial care. The Committee notes that while Non-
Governmental Organizations have played a crucial role in the provision of
counselling and therapeutic services to victims of sexual violence, the
Committee observed that they are challenged by a lack of resources and
longterm sustainability issues.

The Committee observes that health care practitioners are strategically

positioned to assist victims of sexual violence as they are usually the first point
of contact in different stages of the violence cycle and its outcomes.

The Committee recommends that:

i) MoH should allocate specific funds for training of health care

practitioners to provide comprehensive health care services for
victims of sexual violence including counselling and other
therapeutic services in the FY 2019/2020.
ii) MoES should streamline the provision of psychosocial services in
institutions of learning and should prioritize resources for
capacity building of SWT/SMT, school matrons and counsellors to
effectively provide the same to victims of sexual violence.

118
 6.7.2.3 Inadequate Legal Support

The Committee found out that while the RTRR Guidelines require schools to
provide legal support to victims of sexual violence, in most of the cases victims
are not provided with any form of legal support by their institutions and, are
left to file complaints with the police and to testify in court unaccompanied.
Even when the casesare filed with the police, institutions of learning do not
bother following up on the same,to ensure that they are processed and
concluded through the criminal justice system. Instead, this function is
relegated to parents and victims who end up abandoning the cases, or
negotiating with the perpetuators to settle matters out of court. For example, at
its interaction with Makerere University, management of the university
professed ignorance of the status of the sexual harrasment cases filed by its
students in court, an indicator that the University does not follow up on such
cases.

The Committee further found out that there is no effective referral system and
coordination at the district level,between institutions of learning, district
education department, police and the probation and social welfare offices in
responding to incidents of sexual violence that occur in institutions of
learning.This lack of coordination was apparent during the Committee's
interaction with the district officials of Rukungiri, Mbarara, Ntoroko,
Bundibudgyo, Kamuli. The district officials expressed concern that they are not
informed about cases of defilement which are reported to Police, which inhibits
their capability to; take appropriate disciplinary actions against
perpetuators,provide victim support and follow up on cases.

he Committee further observes that the child protection institutions at the

district level are grossly understaffed and underfunded, which has greatly
contributed to the inadequate response to incidents of sexual violence that

iunable to effectiwly monito~ ";'d :::peel "hool,, 7

occur in institutions of learning. For example, DEOs and Inspectors of schools

cewucce

bn-~L--
constraints and logistical challenges, which limits their capability to identify
abusive school environments and take appropriate actions. The capacity of
Police to apprehend perpetuators and investigate, is equally constrained and it
is now a standard practice for police to demand for money for fuel to
apprehend criminals and photocopying of Police Forms. The Probation and
Social Welfare Office which is mandated to follow up on cases of sexual
violence and counsel victims, is equally grappling with human resource and
financial challenges.

The Committee recommends that:

i) MoES should work in collaboration with the MoGLSD, Police and

other justice dispensing agencies,to establish a coherent referral
system to ensure that learners who are sexually abused receive
comprehensive support services.
ii) The Government should prioritize funding for strengthening the
capacity of child protection institutions at the district and lower
local government levels to engender a comprehensive response to
sexual violence in institutions of learning.

6.7.2.4 Inadequate Temporary Shelters

Given the traumatic effects of sexual violence, it is necessary that victims are
isolated from the perpetrators, and an environment which reminds them of
their ordeal. The Committee however noted that the country lacks shelters to
accommodate victims, for counseling and monitoring of their progress after the
ordeal. Currently there are only 17 operational shelters spread out across the
country which are all managed by Non-Govemmental Organizations. As a
result, victims of sexual violence are temporarily held at police stations where
they reside with suspected offenders subjecting them to secondary
victimizati
The Committee recommends that Government should fulfill its
commitment under the existing policies to provide temporary shelters to
victims of sexual violence in a phased manner effective FY 2020/2021.

7 CONCLUSION

The Committee concludes from its findings that sexual violence is prevalent in
institutions of learning in Uganda, though the actual prevalence of the vice in
the country is difficult to determine as many of the cases are never reported.
The vice is majorly perpetuated by male teachers and lecturers and, male
learners, against female learners. However, male learners too are vulnerable
though most of them do not report due to gender stereotypes that are prevalent
in the Ugandan society. Sexual violence permeates every facet of a learners' life,
impacting not only their education, but also their physical and mental health.
This vice is caused by a myriad of factors ranging from social, cultural,
economic, institutional to environmental factors. However, the Committee
findings indicate that poverty and moral degeneration are the key driving
factors for the vice. Therefore, Government efforts should be directed towards
tackling the root causes of the vice to mitigate its occurrence.

As stated in this report, while the government has undertaken legislative,

policy and institutional measures to address this problem, gaps and
deficiencies remain within the current framework. As a result, the current
system does not sufficiently protect learners from continued sexual abuse. This
situation is compounded by the culture of silence and impunity surrounding
sexual abuse that discourages learners from reporting. In the few cases where
earners report sexual abuse, they confront powerful obstacles to achieving
administrative and legal redress. In addition, learners who are sexually abused
do not have access to the necessary support services due to inherent barriers
in the health and legal systems. The Committee hopes that this report and the
recommendations it offers will contribute to addressing these obstacles and
~

121 K
~~.<.---
eliminating the scourge of sexual violence from institutions of learning in the
country.

Rt. Hon Speaker, I beg to move.

122
8 ANNEXES

ANNEX 1: LIST OF STAKEHOLDERS WHO INTERFACED WITH THE

COMMITTEE AND SUBMITTED WRITTEN MEMORANDA
No Nature of Institution Stake holders
1. Government Institutions a) Ministry of Gender, Labor and Social
Development
b) Ministry of Education and Sports
c) Ministry of Justice and Constitutional
Affairs
d) Ministry of Health
e) Uganda Police Force
f) Uganda Law Reform Commission
g) Uganda Human Rights Commission
h) Directorate of Public Prosecutions
i) Judiciary
j) Uganda Prisons Services
k) National Council for Higher Education
2. Professional Bodies and a) Uganda Law Society
Associations b) Uganda National Students Association
c) Uganda Journalists Association
d) National Association of Women Judges
e) Uganda Medical Association
f) Uganda Women Parliamentary
Association
g) Uganda Parliamentary Forum for
Children
Religious institutions a) Uganda Joint Christian Council
b) Uganda Muslim Supreme Council
c Inter-Religious Council

123

l)IO).e:..--
4. Civil Society a) Akina Mama Wa Afrika
Organisations b) Rehabilitation Centre for Victims of
Domestic and Sexual Violence in
Uganda
c) Forum for Africa Women Educationists
(FAWEU)
d) ACORD
e) Child Fund
f) Raising Voices
g) Plan International
h) CEDOVIP
i) Restless Development
j) The Bahai Faith
k) Save the Children
I) ANPCCAN
m) FIDA (U)
n) MIFUMI
o) Compassion International
p) Forum for Education NGOs (FENU)
q) Nambi Children's Initiative
5. Academia a) Uganda National Academy of Sciences

6. Individuals a) Hon. Anne Adeke Ebaju

b) Hon. Veronica Isala Eragu
c) Mr. Egesa Ronald

124

b~=--
 ANNEX 2: LIST OF WITNESSES WHO ATTENDED THE PUBLIC HEARING

No. Name Designation/Institution

1. Nuwampagira Danton GRCBASS MUK
2. Lubega Pius GRCMUK
3. Natasha Olive Kiwanuka Publicity, MUK SWGs
4. Kikomeko Ian Makerere
5. Male Elijah Social Worker
6. Sseninde Aloysious Teacher and youth Counselor
7. Nnanono Anastasia Makerere University
8. Ruth Sseninde Administrator
9. Akampamya Sheba GRC Makerere
10. Kyevune !van Gender Minister MUK
11. Nsaba Lisa Press
12. MukisaJoel MUK
13. Kahunde Erina Joy for Children
14. Niwagaba Ronah Joy for Children
15. Gumisiriza Godfrey Joy for Children
16. Nurah Shariff UNFP
17. Oketcho Emmanuel GRC MUK
18. Racheal Monica Achen Programs Lead Safe Pal (UNFP)
19. Emmanuel Kateregga Communication (SAFEPAL) UNFP
20. Kagere Dianah CEDOVIP National Program Officer
21. Diana Nansumba Counselor CEDVOIP
•"

'~ :J
.~f___. 0~?:'\,
l];/ /
,~

125

'~QiD?""'-__
ANNEX 3: LIST OF DISTRICTS AND INSTITUTIONS OF LEARNING VISITED
BY THE COMMITTEE
Region DiStricts visited Institutions Visited

Central Nakaseke Ngoma Primary school

St. Lawrence Citizens High School (Horizon

Wakiso
Campus)

Kampala Nateete Muslim Primary school

Kibuli SS

Kyambogo University

Makerere University Kampala

South Western Hoima Bulera Teacher's College

Kibale Kibogo Primary School

Kabarole Kamabale Primary School

Bunyangabu Kibito Secondary School

Kasese Bwera Primary Teachers College

Ntoroko Ntoroko Primary School

Kanara Seed School

Bundibugyo Bubukwanga SS

Northern Lira Lira University

Lira Central Primary School

Pad er Paiula Primary School

126
 Gulu Gulu University

Adjumani Adjumani Secondary school

Arua Ediofe Girls secondary School

Eastern Jinja Spire Road Primary School

Kamuli Kamuli Girls College

Busia Busitema University

Busitema College Primary School

Mbale Islamic University in Uganda

Serere Serere Secondary School

Moro to Moroto Municipal Council Primary School

Western and Mpigi

Uganda Marty's University Nkozi
South Western

Mbarara Mbarara University of Science and

Technology

Mary Hill High School

Rukungiri Kebisoni Progressive Primary School

Kabale Kabale University

Kisoro St. Paul Mutolere Senior Secondary School

\.)'

r
127
 ANNEX 4: LIST OF STAKEHOLDERS IN INSTITUTIONS OF LEARNING AND
DISTRICTS.

District officials Schools and Colleges Universities and

Tertiary Institutions

Political leaders: Head Teachers and Representatives of the

Deputy Head Teachers University Council
• Members of
Parliament
• District Council
Chairpersons
• District Councilors

District and Municipal Senior Women Teachers Vice Chancellors

Education Officers

District and Municipal Senior Male Teachers Heads of Academic Units

Inspectors of Schools (Faculties, Colleges,
Departments and
Schools)

District Probation and Teachers Teaching and Non-

Welfare Officers Teaching Staff

District Police Commanders Members of School Student Guild Councils

Management
Committees/Boards of
Governors

District CID Officers Principals Students

tl
\
Resident District

y]
Tutors

128
~
IR'~rfl
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~
Commissioners

District Internal Security Instructors

Officers

Resident State Attorneys Students Leaders

Magistrates Students

Officer in Charge of Prisons Parents

Religious Leaders

Qt

129
ANNEX 5: BRIEF DETAILS OF ALLEGED PERPETUATORS OF SEXUAL
VIOLENCE REPEATEDLY MENTIONED BY LEARNERS IN THE
INSTITUTIONS OF LEARNING VISITED BY THE COMMITTEE

District Institution of Learning Alleged perpetuators

Busia Busitema University 1 Faculty Dean

4 Lecturers

Busitema College Primary School 4 Teachers

Serere Serere Secondary School 7 Teachers

Moroto Moroto Municipal Council Primary 1 Teacher

School

Mbarara Mary Hill Girls High School 3 Teachers

Mbarara University of Science and 2 Lecturers

Technology

Kisoro St. Paul Mutolere Senior Secondary 2 Teachers

School

Ntoroko Primary School 2 Teachers

Ntoroko Kanara Seed Secondary School 1 School Bursar

2 Teachers

Bundibugyo Bubukwanga Secondary School 2 Teachers

Kibale Kibogo Primary School 4 Teachers

Nateete Muslim Primary School 6 Teachers

A /
~~~ ~?: 130
Kampala Kibuli Muslim SSS 1 Teacher

Kyambogo University 1 Lecturer

1 Administrative staff (in

charge of entering marks
into the system)

Makerere University 7 Lecturers

Wakiso St Lawrence High School (Horizon 3 Teachers

Campus)

Arua Ediofe Girls Senior Secondary 3 Teachers

Mbale Islamic University in Uganda 1 Faculty Dean

2 Lecturers

Q I

r
131
SIGNATURE OF MEMBERS ENDORSING THE SELECT COMMITTEE
REPORT ON INQUIRY INTO ALLEGATIONS OF SEXUAL VIOLENCE IN
INSTITUTIONS OF LEARNING IN UGANDA

NO. NAME CONSTITUENCY SIGNATURE

1. Hon. Robina Gureme Rwakoojo Gomba West County

Chairperson
~~
2. Hon. Babirye Sarah Kityo Youth
Representative,
Central

-~~-
3. Hon. Onyango Gideon Samia Bugwe North
County

4. Hon. Kisa Stephen Luuka South County (J.

~: "/

1r
5. Hon. Mwine Mpaka Youth
Representative,
Western Region

6. Hon. Anthony Okello Kioga County

~s
7. Hon. Atkins Godfrey Katusabe Bukonjo West
County (
(1\J\3-
y
8. Hon. Babirye Mary Kabanda Woman Rep. Masaka /J.

District
cl~~
9. Hon. Anywarach Joshua Carter Padyere County !l JJLl. .;If
"T J /
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