Online Gender-Based Violence (OGBV) is a significant challenge in Uganda, disproportionately affecting women and girls. It includes cyber harassment, online stalking, hate speech, doxxing, and non-consensual sharing of intimate images. Many victims suffer in silence, unaware that legal protections exist both at the national and international levels. This article examines the laws that protect women and girls from OGBV, highlights where victims can seek redress, and showcases the work being done by WOUGNET under the Digital Rights for Girls and Women (D4GW) project supported by Enabel.
National Laws Protecting Women and Girls from OGBV
Uganda has various legal provisions that protect individuals, particularly women and girls, from online violence:
1. The 1995 Constitution of the Republic of Uganda
- Article 27: Protects the right to privacy, including personal communications, which is relevant in cases of cyber harassment and unauthorized sharing of personal information.
- Article 29: Guarantees freedom of expression, allowing individuals to communicate freely but also setting limits to prevent harmful speech and abuse.
- Article 33: Guarantees the rights of women and prohibits any laws, customs, or traditions that undermine their dignity, status, or well-being.
- Article 24: Prohibits torture, cruel, inhuman, or degrading treatment, which extends to online abuse and harassment that severely affects victims’ well-being.
2. The Computer Misuse Act, 2011 (Amended 2022)
- Section 24: Criminalizes cyber harassment, which includes the use of electronic communication to threaten, intimidate, or abuse someone.
- Section 25: Addresses offensive communication, making it illegal to use electronic means to disturb the peace, quiet, or right to privacy of another person.
- Section 26: Prohibits unauthorized access to electronic communications, preventing hackers from stealing or misusing personal data.
- Section 30: Prohibits the transmission of malicious content, which includes spreading false or damaging information about individuals online.
3. The Data Protection and Privacy Act, 2019
- Section 10: Ensures that personal data is collected and processed lawfully, preventing unauthorized sharing of private images or personal details online.
- Section 19: Grants individuals the right to seek legal redress if their personal data is misused, a common occurrence in cases of online abuse.
4. The Penal Code Act, Cap 120
- Sections 179 & 180: Protect against defamation and false statements that can cause harm to a person’s reputation.
- Section 168: Addresses criminal intimidation, which is often a tactic used in OGBV cases to silence victims.
International Laws and Agreements Protecting Women from OGBV
Uganda is a signatory to several international treaties and conventions that reinforce protections against OGBV:
1. The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), 1979
- Article 2: Obligates states to take measures to eliminate discrimination against women, including online abuse.
- Article 5: Calls for the elimination of harmful social and cultural practices that perpetuate gender-based violence.
2. The Universal Declaration of Human Rights (UDHR), 1948
- Article 12: Protects individuals from arbitrary interference with their privacy, family, home, or correspondence.
- Article 19: Upholds the right to freedom of expression while recognizing the need to protect individuals from harmful speech.
3. The African Charter on Human and Peoples’ Rights (ACHPR), 1981
- Article 9: Guarantees the right to receive information and express opinions freely, provided it does not infringe on the rights of others.
4.The Maputo Protocol (2003),
Article 8: Ensures the right of women to dignity and protection from all forms of violence, including online abuse.
Where Can Victims or Survivors Access Redress/ Support?
Victims of OGBV in Uganda can seek justice and support through several channels:
- The Uganda Police Cyber Crimes Unit: Victims can report cases of cyber harassment, online stalking, and digital fraud to the cyber crimes unit at the Uganda Police Force.
- The Uganda Communications Commission (UCC): The UCC handles complaints related to digital violations, including misuse of telecommunications platforms for harassment.
- Courts of Law: Victims can file civil or criminal cases against perpetrators under applicable laws such as the Computer Misuse Act, Data Protection and Privacy Act, or the Penal Code Act.
- WOUGNET’s OGBV Web Portal: Under the D4GW project, WOUGNET has established an online platform where victims can report OGBV cases and receive support.
- Legal Aid Service Providers: Organizations such as the Uganda Law Society (ULS), FIDA Uganda, and other human rights groups offer free or subsidized legal assistance to OGBV victims.
- Psychosocial Support Centres: NGOs and counselling centres provide psychological and emotional support for survivors of OGBV.
Conclusion
The law in Uganda, supported by international legal frameworks, provides significant protections against OGBV. However, enforcement remains a challenge. Victims should not hesitate to report cases through legal channels, social media platforms, the Uganda Police Cyber Crimes Unit, or the WOUGNET OGBV Web Portal. By speaking out and utilizing legal protections, we can collectively work toward safer digital spaces for everyone.
For more information on how to protect yourself from OGBV and seek support, visit WOUGNET’s website or report cases on the OGBV Web Portal.