What needs to be done about police brutality

Uganda needs a comprehensive regulatory framework to govern public assembly. This framework would balance law enforcement and human rights interests, including protecting the right to freedom of assembly. Without this framework the enjoyment of this right will continue to be subject to the political interests of the regime in power.

The same dynamics apply when it comes to excessive force used to disperse public gatherings organised by political opposition groups or those opposed to the regime.

A clarity and harmony of standards is especially important as there’s an increasing blurring of police and military roles in the country.

Uganda has an active civil society and a liberal constitutional provision for public interest litigation that can enable this.

As a practical way to ensure the Constitutional Court’s most recent decision doesn’t become another forgotten milestone, civil society organisations such as the Uganda Law Society can do two things. The first is to undertake a comprehensive mapping of all laws related to use of force in the country and determine where they fall short of constitutional and human rights standards.

The second would be to engage the police, parliament and the judiciary to map out a regulatory statutory framework. This would lay down more detailed standards on the use of force by all mandated to use force when controlling crowds.

These standards can be drawn from the wealth of relevant international guidelines. These include the 1979 Code of Conduct for law enforcement officials, the 1990 United Nations Basic Principles on the Use of force and Firearms for Law Enforcement Officers, and the African Union Guidelines for Policing of Assemblies by Law Enforcement Officials in Africa.

Reforms along these lines aren’t relevant only to Uganda. Recent civil uprisings in Sudan and Algeria show that people are increasingly seeking change through public protest. This underscores the need to get clarity on standards police should be obligated to apply against protesters. And to crystallize a legal basis of criminal liability for excessive force at both national and international levels.

The clarity of legal standards would ensure that citizens can advance democratic and human rights in Africa using peaceful means.