Abuku & 4 Others v. AG Uganda and the Secretary General of the East African Community
Last Case Update
The case discusses violations of civic space in the context of an election. A petition was filed before the East African Court of Justice in the aftermath of the 2021 Uganda General Elections, with the purpose of challenging the presidential election of Yoweri Kaguta Museveni, due to electoral malpractices that are deemed to be contrary to national, regional and International Law.
The months following up to the 2021 general elections in Uganda were full of violent repression and human rights violations against citizens. Protests were met with a lethal response by the military, hundreds of opposition supporters were victims of unlawful arrests, kidnapping, and enforced disappearance. In November 2020, at least 54 Ugandans were shot dead in election-related violence. Even though media investigations showed that many of the victims were not involved in the protests, no one has been held responsible for the killings.
On January 21, 2021, President Museveni, who has been in power since 1986, was declared winner by the Uganda Electoral Commission.
On February 12, 2021, the Uganda Communications Commission completely shut down the internet, directly silencing political opinions, investigative journalism, and exchange of information, among other restrictions. This situation affected the electoral process and the building up of electoral petitions that are often filed within short timelines.
On March 15, 2021, Dr. Lina Zedriga Waru Abuku, a human rights activist, along with other Ugandan, Kenyan, and Tanzanian citizens, filed a petition before the East African Court of Justice (EACJ). The applicants argue that state agents, including militia and other non-state actors acting with the active support and/or forbearance of the State, committed massive violations of the rights of citizens and residents of Uganda in the days preceding, during, and immediately after the announcement of the presidential election results. Several Ugandan top officials and agencies were mentioned to demonstrate the systemic nature of rights violations in the country. For instance, the applicants allege that the Electoral Commission of Uganda allowed vote buying, stuffing of ballot boxes, not registering voters, and generally favoring the President’s political party; while security agents were allegedly involved in intimidation, arrest, and detention of opposition members.
The applicants concluded that the actions and omissions of the Respondent amount to a violation of Articles 6(d), 7(2) and 8(1)(c) of the EAC Treaty, Articles 2, 3, 4, 5, 6 and 13 of the African Charter on Human and Peoples’ Rights, and Articles 3, 4, 9 and 10(1) of the Maputo Protocol. The applicants requested the EACJ to declare the elections’ outcome unlawful and to order an end to human rights violations of opposition supporters. This petition is still pending.
Separately, a complaint was filed before the International Criminal Court (ICC) accusing nine top Ugandan officials, including President Yoweri Museveni, of torture, killings, and other crimes against humanity, committed in the months before and after the 2021 elections, against opposition groups and activists. In July 2023, more than 200 testimonies were submitted to the ICC.
- Pan African Lawyers Union, PALU and Partners file Uganda election petition filed at EACJ (21 April 2021)