- A
- B
- C
- D
- E
- F
Uganda’s overall ranking in Band E places it in the very high category for corruption risks in the defence and security sector. Uganda performs best as far as personnel corruption risks are concerned (Band D), including good practice on public information about pay rates and allowances. Uganda performs worst in the area of corruption risks on operations (Band F), which is particularly worrying as Uganda has soldiers deployed in both Somalia and South Sudan, alongside ambitions to (significantly) scale up its peacekeeping activities.
Increasing oversight to address impunity
The Uganda People’s Defence Force Act of 2005 does not specify what counts as corruption or what provisions are in place to investigate or prosecute it. This should be clearly defined. The Committee on Defence and Internal Affairs is tasked with oversight of issues pertaining to the defence sector, including corruption, but the heavy executive influence on this department ought to be limited so that it does not undermine its effectiveness. Uganda should prevent politically connected defence personnel from grabbing land and evicting residents without impunity thereby disenfranchising local people, many of whom do not hold official land titles. A committee to oversee the activities of the intelligence agencies should be introduced, and their recruitment process made more transparent.
More transparency and a stronger role for parliament
Although the defence budget is published each year, with the latest figure for 2014/15 hitting the 1 trillion Ugandan shillings mark, the allocation of these funds also needs to be disclosed. This is currently not the case. Transparency should also be increased as far as exact figures of personnel are concerned, building on the good practice of publishing salaries and releasing notifications to the media. Aspects of the financing package for major arms deals should be made publicly available prior to the signing of contracts and clear rules regarding the use of arms brokers should be introduced. Off-budget military expenditures are common, and a process for making expenditures ahead of parliamentary approval is enshrined in the Constitution. Parliament’s role in this process should be strengthened, and its approval made a precondition for procurement.
Uganda’s footprint abroad – aligning ambitions with solid systems
Given Uganda’s role as the main contributor to the African Union mission in Somalia (AMISOM) and its deployment to South Sudan, as well as its ambitions to scale up its peacekeeping activities, the government should put in place anti-corruption training programmes for commanders. It should furthermore introduce specific personnel trained to monitor anti-corruption compliance in the field as well as guidelines on how to mitigate corruption risks on operations. These measures should also help to prevent individual soldiers from engaging in illicit activities abroad, such as illegally offering and selling arms, food, fuel, or training.
Is there formal provision for effective and independent legislative scrutiny of defence policy?
1) Monday Times &quoute;Defence to get 1 trillion in budget&quoute;, http://www.mondaytimes.co.ug/details.php?option=acat&a=3018#.U515eJR5OSo, June 5, 2014, accessed June 2014. 2) State House of Uganda &quoute;President Calls on MPs to support Budget&quoute;, http://www.statehouse.go.ug/banners/president-calls-mps-support-budget, June 13, 2014, accessed June 2014. 3) Interview with Source 1, shadow government official, October 2013. 4) Voice of America &quoute;Uganda Defence Minister to Appear before Parliament&quoute;, http://www.voanews.com/content/uganda-defence-minister-to-appear-before-parliament/1826181.html, January 8, 2014, accessed June 2014. 5) Eye Radio &quoute;Ugandan Parliament Endorses Deployment of UPDF in South Sudan&quoute;, http://eyeradio.org/ugandan-parliament-endorses-deployment-udpf-south-sudan/, published January 15, 2014, accessed June 2014. 6) Parliament of Uganda http://www.parliament.go.ug/mpdata/members.hei?committeeno=29&name=Committee+on+Defence+and+Internal+Affairs, accessed June 2014.
Opinion: Agree
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Opinion: Agree
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Opinion: Agree
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Does the country have an identifiable and effective parliamentary defence and security committee (or similar such organisation) to exercise oversight?
Researcher + Peer Reviewer4110: A Committee on Defence and Internal Affairs exists and has been known to exercise its rights as the overseeing body of the Ministry of Defence. For example, in June 2014, the Committee criticised the Defence Minister in Parliament after he failed to appear before it to provide an update on the status of UPDF soldiers engaged in South Sudan. In September 2013, it also criticised the apparent dominance of high-ranking officials from Uganda’s Western region in defence related roles. Since 1986, the Western region's inhabitants have experienced favouritism in government and military positions, likely as a result of nepotism. However, this criticism did not result in regional re-balancing of the military or political hierarchy. Moreover, there is no formal disciplinary system for the violation of a summon from the Committee, which occurs regularly. Nevertheless, the fact that debates over defence issues are common, although not necessarily resolved, suggests that the Committee retains some formal rights to oversee and guide defence matters.
1) Parliament of Uganda http://www.parliament.go.ug/mpdata/members.hei?committeeno=29&name=Committee+on+Defence+and+Internal+Affairs, accessed June 2014. 2) Uganda Radio Network &quoute;Defence Committee Moves to Hold Minister Kiyonga in Contempt of Parliament&quoute;, http://ugandaradionetwork.com/a/story.php?s=64209, June 2014, accessed in June 2014. 3) Uganda Radio Network &quoute;IGP Kayihura Shuns Defence Committee Again&quoute;, http://ugandaradionetwork.com/a/story.php?s=55006, published July 2013, accessed June 2014. 4) NBS &quoute;Legislators Grill Defence Chiefs Over Favouritism&quoute;, http://www.nbs.ug/details.php?option=acat&a=722#.U52WOpR5OSo, published September 2013, accessed June 2014.
Opinion: Agree
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Opinion: Agree
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Opinion: Agree
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Is the country's national defence policy debated and publicly available?
Researcher + Peer Reviewer4110: As highlighted by the lack of parliamentary debate prior to the deployment of the Uganda People’s Defence Forces (UPDF) to South Sudan in December 2013, legislative oversight of defence policy and associated budget is limited. Although parliamentary debate on the issue has occurred since then, it did not commence until after the troops had already been deployed, suggesting a strategy by the executive to ‘act now and ask questions later’. News of the deployment were also not made public until after the deployment, essentially precluding any opportunity for a debate open to the public. As recently as May 2014, MPs in Parliament led by an opposition MP from the opposition Forum for Democratic Change (FDC) requested information on where the funding for the troops in South Sudan was coming from, highlighting a lack of transparency not only in policy but also in sources of funding. Although the Committee on Defence and Internal Affairs was tasked with regularly updating Parliament on the status and funding for the UPDF’s deployment in South Sudan, it has so far failed to do so.
Public debate in general is in fact increasingly stifled in Uganda, as highlighted for example by the introduction of the Public Order Management Act in October 2013. Although the act was watered down from its initial incarnation – in which for example, meetings of three or more people required approval by the authorities – it continues to act as an impediment to civil society organisations seeking to raise public awareness of corruption and other social issues, and helps to justify crackdowns on opposition members and activists attempting to discuss or protest government policy. For example, the Minister of Interior and law enforcement authorities continue to have broad and largely unspecified powers to refuse granting permission for demonstrations. Although the government claims to allow public debate on all issues, Source 2 indicated it has repeatedly made use of laws such as the Public Order Management Act to intimidate members of their civil society group and inhibit debate in the name of public security.
Uganda has a defence policy that is available to the public online. It also has a UPDF doctrine that is likewise available online, on the Ministry of Defence website. However, there is no evidence to suggest the policies are updated regularly. The President first proposed the need for a defence policy in 2000, and there is no evidence he did so in conjunction with parliament or as a result of public demands. The White Paper on Defence Transformation states that the defence review that led to the adoption of the Defence Policy involved consultation with 'government departments and agencies; the UPDF, parliament, academia and members of the civil society.' although other independent sources to verify this have not been found. The policy does not appear to have been officially updated since. Moreover, Article 10(4) of the Uganda People's Defence Forces Act suggests defence policy remains primarily under the purview of the UPDF and the president. The current policy was approved by the cabinet in 2003, and there is a National Defence Committee in parliament charged with the oversight of defence policy, but it is not clear how it exercises its duties.
1) UPDF Deployment Debate Returns to Parliament, Chimp Reports, http://chimpreports.com/index.php/regional-news/s-sudan/20153-updf-deployment-debate-returns-to-parliament.html, published 15 May 2014, accessed in June 2014.
2) Interview with Source 2, member of a civil society group focusing on electoral democracy.
3) Uganda: Public Order Management Act, Article 19, http://www.article19.org/resources.php/resource/37331/en/uganda:-public-order-management-act, published November 2013, accessed June 2014.
4) Uganda Public Order Bill is 'Blow to Political Debate', BBC, http://www.bbc.com/news/world-africa-23587166, published August 2013, accessed June 2014.
5) Uganda: White Paper on Defence Transformation, Ministry of Defence Uganda, ISN ETH Zurich, http://www.isn.ethz.ch/Digital-Library/Publications/Detail/?lang=en&id=155172, published June 2014, accessed July 2015.
6) UPDF Doctrine, Ministry of Defence, http://portal.defence.go.ug:10039/wps/portal/mod-home/Doctrine/projects-and-programs/doctrine/!ut/p/a1/zVRNU8IwFPwreuBYEtKv1FtHHQSKjCIIvTChTdNASfoRQf31BsZxRpGCMxzsLbO7r-_tvgSEYAJCQdacEcWlINn2HDozbwBxqwdRt40fbqA_HFqod4fQILA0YaoJ8MDnw-_6wZPrQ789dh8Ggdfp9OxPfQ2hRu-0Yb1-S6jpH99a4BmEIIyEylUKprksFckuKq5oA74fHovAHexJXXYJ0UIql0DC1m4hM4_zpf0dZriIIakqCy1T_Vdq1cEy03AsI1VyQbfN5YTRmFacid0p4jGYYi-aJy51DDtOsGFREhnYRthwiNOaJ6bdogn6ac3-7Eei3VlzJNxj8XZPyN8XcxMzEJY0oSUtmy-l3rtUqfyqoX3ebDbNWCMiok0mmy-sAX8TpbJSYLJHBlNtgnt4ShcM_-hqfcEbdO6C5pkLjv_eYfeERwCV_es-226rSg0uEgkmX0usYb4oitDXN00KRV91Uv_vquWr0Wi0woskcB7xm5mtV6vZ_b1B5hiadrYOfP_y8gM4x90n/dl5/d5/L2dBISEvZ0FBIS9nQSEh/, accessed July 2015.
7) Uganda: Defence policy needed, All Africa (New Vision), http://allafrica.com/stories/200009070062.html, published September 2000, accessed July 2015.
8) Chapter 307, The Uganda People's Defence Forces Act, http://opm.go.ug/assets/media/resources/410/UGANDA%20PEOPLES%20DEFENCE%20FORCES%20ACT.pdf, accessed July 2015.
9) Uganda Parliament, http://www.ipu.org/parline-e/reports/CtrlParlementaire/2329_F.htm#defnat, accessed July 2015.
Opinion: Agree
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Opinion: Agree
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Opinion: Agree with Comments
Comment: The lack of debate especially in Parliament is also highlighted by the ambiguities in the Constitution. According to Sekai Saungweme, (http://www.afrimap.org/english/images/paper/AfriMAP_Saungweme_Eng.pdf), the Ugandan Parliament has legislative power to regulate the army especially when deployed outside Uganda. However. the same Constitution makes the Head of State the Commander in Chief of the Armed Forces. This makes it possible for the powers of Parliament to get usurped especially as article 208 of the Constitution stipulates that the army shall be subject to civilian authority without clarifying which one. The president of Uganda is a retired General who can qualify to be a civilian just as Parliament is largely a civilian institution (Ugandan Peoples Defence Force is represented in Parliament).
Therefore in theory the national defence policy should be debated and made available to the public but because matters of security are monopolised by the regime in power, a deliberate effort is made to side step parliament. This was further illustrated when the Ugandan Armed Forces were deployed in the Democratic Republic of Congo to overthrow Mobutu and later to attempt the same with Kabila without initial debate in Parliament.
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Do defence and security institutions have a policy, or evidence, of openness towards civil society organisations (CSOs) when dealing with issues of corruption? If no, is there precedent for CSO involvement in general government anti-corruption initiatives?
Researcher + Peer Reviewer4110: Non-governmental organisations (NGOs) and other civil society groups are regularly called upon to consult with government on some sensitive issues, including the oil industry. Article 38 of the Constitution allows for Ugandan citizens to engage in activities aimed at influencing government policy, so long as this is done peacefully and through civic organisations. The Local Government Act of 1997 is also aimed at providing a framework in which CSOs can help improve the accountability of public institutions such as ministries.
However, while the Ministry of Defence typically tolerates some degree of civil society activism only so long as operations remain confined to discussion rather than action, there is no evidence to suggest that the Ministry works with CSOs on corruption issues, and it appears instead that it regularly tries to discredit CSOs and deny any corruption allegations against it. For example, in April 2014, legislators from the Defence and Internal Affairs Committee accused CSOs of dishonesty and of accepting resources from abroad in order to engage in illegal activities such as the promotion of homosexuality. The discussion prompted the committee to suggest expediting the tabling of the NGO Amendment Act of 2006 in order to place further regulations on the activities of NGOs. Within this context, many local CSOs practice a certain degree of self-censorship, and while groups do regularly speak out against government corruption, few efforts have been made by the Ministry to investigate or address corruption allegations. For example, in April 2014, the Anti Corruption Coalition Uganda, a local NGO, accused UPDF officers in AMISOM of selling fuel intended for the mission to Somali civilians for a profit. The accusation comes on the back of reports in April that several UPDF officers trained al-Shabab fighters using UPDF facilities, while in September 2013, officers were accused of selling their food supplies to Somalis. Although a number of these cases are being investigated, no cases have so far resulted in prosecution. Allegations that the Ministry failed to account for US$ 8 million for training ‘ghost soldiers’ in 2003 never resulted in prosecutions either. This reflects a wider corruption trend in Uganda, where no high level Minister has been prosecuted for corruption to date, despite frequent accusations.
Moreover, the Public Order Management Act of 2013 has negative implications for the liberty of CSOs in general to raise awareness of issues of national importance, including government corruption. This is particularly evident in the Act’s restrictions on the right to freedom of peaceful assembly and its endorsement of broad police powers to forcefully disperse assemblies. Both of these reforms are frequently used by law enforcement to justify crackdowns on opposition members and activists attempting to discuss or protest government policy.
1)&quoute;We shall manage you&quoute;: Oil, NGOs and journalists in Uganda, by Magnus Taylor, African Arguments, http://africanarguments.org/2014/04/28/we-shall-manage-you-oil-ngos-and-journalists-in-uganda-by-magnus-taylor/, published April 2014, accessed June 2014. 2) Government of Uganda, National NGO Policy, http://www.gov.ug/about-uganda/government-policies/national-ngo-policy, accessed June 2014. 3) CSOs Fault Goverment Over Budget Indiscipline, Daily Monitor, http://www.monitor.co.ug/News/National/CSOs-fault-government-over-budget-indiscipline/-/688334/2342396/-/kypaq3/-/index.html, published 10 June 2014, accessed June 2014. 4) Aronda Investigates CSO Activities in Oil Region, Red Pepper, http://www.redpepper.co.ug/aronda-investigates-cso-activities-in-oil-region/, published September 2013, accessed June 2014. 5) NGOs Lack Integrity, Say MPs, New Vision, http://www.newvision.co.ug/news/654836-ngos-lack-integrity-say-mps.html, published April 2014, accessed June 2014. 6) MPs to Summon Aronda, Kiyonga, Over Coup Talk, The Observer, http://www.observer.ug/index.php?option=com_content&view=article&id=23391:mps-to-summon-aronda-kiyonga-over-coup-talk, published January 2013, accessed June 2014. 7) Uganda: Public Order Management Act, Article 19, http://www.article19.org/resources.php/resource/37331/en/uganda:-public-order-management-act, published November 2013, accessed June 2014. 8) Uganda Public Order Bill is 'Blow to Political Debate', BBC, http://www.bbc.com/news/world-africa-23587166, published August 2013, accessed June 2014.
Opinion: Agree
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Opinion: Agree
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Opinion: Agree
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Has the country signed up to international anti-corruption instruments such as, but not exclusively or necessarily, UNCAC and the OECD Convention? (In your answer, please specify which.)
Researcher + Peer Reviewer4110: Uganda signed the United Nations Convention Against Corruption in 2003 and ratified it in 2004. Uganda is also signatory to the African Union Convention on Preventing and Combating Corruption. Uganda has also instituted a number of national anti-corruption initiatives including the 2009 Anti-Corruption Act, which criminalises bribery and the 2010 Whistleblowers Protection Act, which grants anonymity to anyone wishing to expose corrupt practices. Uganda thus has a relatively strong anti-corruption framework on paper.
In practice few of these provisions are followed or complied with, particularly in the defence sector. For example, although 21 senior defence commanders were recalled from Somalia after they were accused of corruption, none faced stricter disciplinary action. This contravenes a number of anti-corruption instruments, including UNCAC's article 29(3), which states that &quoute;Each State Party shall endeavour to ensure that any discretionary legal powers under its domestic law relating to the prosecution of persons for offences established in accordance with this Convention are exercised to maximize the effectiveness of law enforcement measures in respect of those offences and with due regard to the need to deter the commission of such offences.&quoute;
While some corruption prosecutions do occur, no senior commander or high ranking politician has been jailed for corruption to date, suggesting this UNCAC provision is not applied with judicial independence. Moreover, according to Source 3, police and other authorities frequently fail to enforce any anti-corruption verdicts handed down by the courts, rendering anti-corruption court decisions – and any attempts by the judiciary to comply with Uganda’s anti-corruption conventions and legislation – moot, and undermining any obligations Uganda may have taken on through the signing of anti-corruption instruments.
UNCAC reviews also note that Uganda is in violation of several other of its provisions, including failure to clarify its position on mutual legal assistance.
1) United Nations Convention Against Corruption Signature and Ratification Status as of 2 April 2014, https://www.unodc.org/unodc/en/treaties/CAC/signatories.html, accessed June 2014.
2) Uganda: Article 19 Lauds Uganda Whistleblowers Bill, http://www.article19.org/data/files/pdfs/press/uganda-article-19-lauds-whistleblowers-bill.pdf, published March 2010, accessed June 2014.
3) Uganda Still Needs Adequate Legislation to Fight Corruption, New Vision, http://www.newvision.co.ug/mobile/Detail.aspx?NewsID=633888&CatID=4, accessed June 2014.
4) African Union Convention on Preventing and Combating Corruption signatory list, http://www.au.int/en/sites/default/files/Corruption_0.pdf, updated as of January 2014, accessed June 2014.
5) 14 Ugandan army officers court-martialled over corruption, The Continent Observer, http://thecontinentobserver.com/defence/10/08/14-ugandan-army-officers-court-martialed-over-corruption/, published October 2013, accessed June 2014.
6) Interview with Source 3, employee at a research institute, October 2013
7) United Nations Convention Against Corruption, https://www.unodc.org/documents/treaties/UNCAC/Publications/Convention/08-50026_E.pdf, published 2004, accessed July 2015.
8) Conference of the State Parties to the United Nations Convention Against Corruption, http://www.unodc.org/documents/treaties/UNCAC/WorkingGroups/ImplementationReviewGroup/7-9September2011/V1184854e.pdf, published September 2011, accessed July 2015.
Opinion: Agree
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Opinion: Agree
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Opinion: Agree with Comments
Comment: To add weight to the score, it is important to examine the Temangalo land scandal, where a number of government officials iwere implicated in the illicit sale of land (http://www.independent.co.ug/news/news-analysis/436-temangalo-scandal-consumes-nation). Some officials were exonerated and others were fired from the positions. But no one was sent to prison.
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Is there evidence of regular, active public debate on issues of defence? If yes, does the government participate in this debate?
Researcher + Peer Reviewer4110: The Ugandan military is long suspected to have been involved in illicit military activities at home and abroad, most recently in relation to the March 23 (M23) rebels in the Democratic republic of Congo (DRC). A United Nations (UN) report in 2012 accused the country of providing support to the rebels. Although the government denied the accusation, evidence such as the M23’s presence in Uganda’s capital Kampala after they signed a peace deal with DRC in December 2013, and historical ties between largely Tutsi rebels (such as are the M23) and Ugandan officials, suggest the accusations are likely to be well founded.
Within this context of secret military missions, as well as reports of UPDF soldiers committing human rights abuses such as torture and indefinite detentions, public debate on defence issues is stifled sometimes through force, and sometimes through the self-censorship of individuals or publications who fear recriminations. Although issues relating to defence are picked up in the media and discussed publicly, this only occurs once the government has made the issue public. For example, returning to the UPDF’s deployment to South Sudan in December 2013, the issue was not discussed publicly until after the troops were on the ground. In this sense, the government participates in the defence debate as the sole and ultimate arbiter of what matters can be discussed. Therefore, given the secrecy surrounding the UPDF support for the M23, which is likely to have been dictated by an interest in engaging in illegal exploitation of minerals in DRC, little public debate ensued (albeit more so than in Rwanda).
In another instance, the unusually fast ascension to the post of Brigadier of the son of the President elicited widespread public debate and accusations of planned dynastic succession. Although debate on the issue was widely reported, the President has only issued cursory denials of the accusations, and no formal investigation has been launched into the allegations. Meanwhile, the President's son has continued to rise through the ranks, and is currently the commander of the Special Forces Command (SFC) of the UPDF. Active public debate on defence and other issues has been further stifled by the institution of the Public Order Management Act of 2013, which restricts civil society organisations in their efforts to address issues of defence, including through restricting the freedom of peaceful assembly and endorsing broad police powers to forcefully disperse public gatherings.
1) Police, UPDF 'Top violaters' of human rights, New Vision, http://www.newvision.co.ug/news/652776-police-updf-top-violators-of-human-rights.html, published February 2014, accessed June 2014. 2) Uganda, Rwanda helped M23 - UN report, Daily Monitor, http://www.monitor.co.ug/News/National/Uganda--Rwanda-helped-M23---UN-report/-/688334/1636598/-/105wvv7z/-/index.html, published December 2012, accessed June 2014. 3) Muhoozi Project, The Independent, http://www.independent.co.ug/cover-story/7784-muhoozi-project, published May 2013, accessed June 2014. 4) UPDF promotions give Brig. Muhoozi control, The Independent, http://www.independent.co.ug/cover-story/7830-updf-promotions-give-brig-muhoozi-control, published May 2013, accessed June 2014. 5) Uganda: Public Order Management Act, Article 19, http://www.article19.org/resources.php/resource/37331/en/uganda:-public-order-management-act, published November 2013, accessed June 2014.
Opinion: Agree
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Opinion: Agree
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Opinion: Agree
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Does the country have an openly stated and actively implemented anti-corruption policy for the defence sector?
Researcher + Peer Reviewer4110: The 2009 Anti-Corruption Act criminalises bribery and the 2010 Whistleblower Protection Act grants anonymity to anyone wishing to expose corrupt practices. It also established an anti-corruption court in 2008, which has since prosecuted hundreds of low-level officials. The Office of the Auditor General is also involved in investigating and calling out corruption. For example, as indicated by Source 4, it was responsible for uncovering the scandal in the Office of the Prime Minister in 2012, when US$ 12.7 million destined to a development programme in the north of the country was channeled into private accounts. In addition, the Penal Code Act of 1950, Uganda’s Constitution, The Public Finance and Accountability Act of 2003, the Leadership Code Act of 2002, the Budget Act of 2001, the Local Governments Act of 1997, the Inspectorate of Government Act of 2002, the Public Procurement and Disposal of Public Assets Act of 2003, the Prevention of Corruption Act of 1970, the Access to Information Act of 2005 and the Audit Act of 2008 contain provisions for criminal responsibility for corruption. The office of the Inspectorate of Government (IGG) is an independent body responsible for tackling government corruption, but it has not published a report since December 2012.
However, while the government espoused a no-tolerance stance to corruption until the mid-2000s, political will to tackle the issue has steadily declined. The National Anti-Corruption Strategy (NACS) that was initiated in 2008 and ran until 2013, failed to improve Uganda’s overall corruption environment.
Specific anti-corruption legislation for the defence forces exists in the form of the Uganda People’s Defence Forces Act of 2005, but although it prohibits corruption, it does not specify what this entails and does not provide for specific judicial action against it. Moreover, the government is currently stalling the ratification of further anti-corruption legislation, indicating its lack of political will and suggesting a further decline in the corruption environment. For example, the Anti-Corruption (Amendment) Bill that seeks to strengthen the 2009 Act by allowing the government to seize the assets of those convicted of corruption, was initially tabled in 2012 and still remains under discussion by Parliament as of June 2014. The Anti-Corruption Court, set up in 2009, was closed between June and December 2013 following a legal challenge by a lawyer who accused magistrates of serving illegally. The court re-opened after the charges were investigated and cleared. The suspension halted anti-corruption trials for six months, leading to a backlog of cases.
1) Uganda: Article 19 Lauds Uganda Whistleblowers Bill, http://www.article19.org/data/files/pdfs/press/uganda-article-19-lauds-whistleblowers-bill.pdf, published March 2010, accessed June 2014. 2) Uganda Still Needs Adequate Legislation to Fight Corruption, New Vision, http://www.newvision.co.ug/mobile/Detail.aspx?NewsID=633888&CatID=4, published August 2012, accessed June 2014. 3) UK suspends Uganda aid over corruption, Al Jazeera, http://www.aljazeera.com/news/africa/2012/11/20121117155051480786.html, published November 2012, accessed June 2014. 5) Interview with Source 4, senior diplomat, October 2013. 6) Uganda: Corruption - Tough Bill Tabled in Parliament, New Vision, http://allafrica.com/stories/201308281345.html, published August 2013, accessed June 2014. 7) Parliament Watch Uganda, http://parliamentwatchuganda.org/anti-corruption-amendment-bill-2013/, published July 2013, accessed June 2014. 8) Uganda Legal Information Institute, Penal Code Act 1950, http://www.ulii.org/ug/legislation/consolidated-act/120, accessed June 2014. 9) Uganda: Anti-Corruption Court Opens After Seven Months, The Observer, http://allafrica.com/stories/201401020155.html, published December 2013, accessed June 2014.10) The Uganda People's Defence Forces Act, 2005, International Committee of the Red Cross, http://www.icrc.org/applic/ihl/ihl-nat.nsf/0/34C18819BB7C4DFFC12573750032B4CE, published September 2005, accessed June 2014.
Opinion: Agree
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Opinion: Agree
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Opinion: Agree
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Are there independent, well-resourced, and effective institutions within defence and security tasked with building integrity and countering corruption?
Researcher + Peer Reviewer4110: Several institutions are set up to monitor and counter corruption in government, including in the defence forces. Among these are the office of the Inspector General of Government (IGG), whose mandate is to investigate corruption, and to prosecute and arrest officials suspected of corruption. However, the IGG has come under investigation itself after a senior ranking officer was arrested and charged with bribery after allegedly soliciting an illegal payment from a high ranking officer of the National Social Security Fund's (NSSF). The accused and a family member have been charged in March by the Anti-corruption Court. Separately, a very high ranking official of the IGG has admitted that the IGG continues to lose corruption cases despite overwhelming evidence, in part due to capacity constraints resulting from the small pool of qualified individuals, and in part due to corruption in the investigations department of the IGG as well as in the police, who is tasked with investigations and gathering evidence. In 2009, another high ranking official of the IGG was involved in a scandal where his/her company was under investigation for price inflation and forgery, though s/he was not ultimately charged for any offence. These cases have served to undermine the authority of the IGG as well as its credibility as an effective anti-corruption investigation body.
The Directorate of Ethics and Integrity (DEI) in the Office of the President is also tasked with overseeing the fight against corruption. Originally known as the Anti-Corruption Coordination Unit, it was rebranded DEI in 1998. However, this institution remains vulnerable to interference from the executive, and according to Source 6 and Source 7, the country's senior leadership is likely to increasingly undermine the DEI and other government offices tasked with reporting corrupt practices in order to mask increasing political clientilism. This may involve, for example, placing loyalists in these institution, diminishing their ability to address corruption.
The Office of the Auditor General is also broadly tasked with identifying corruption, and it has successfully done so on several occasions, including when it brought to light the corruption scandal in the Office of the Prime Minister in 2012, when US$ 12.7 million allocated to a development programme in the north of the country were found to be missing. However, the Office is not specifically geared towards defence and security, and with the budgets in these areas being highly classified, it is unlikely that the Office is in a position to effectively identify and investigate corruption in this department.
1) Investigation: Inside IGG Bribery Scandal, Chimp reports, http://chimpreports.com/index.php/special-reports/18177-investigation-inside-igg-bribery-scandal.html, published March 2014, accessed June 2014. 2) U4 Anti-Corruption Resource Centre, http://www.u4.no/publications/uganda-overview-of-corruption-and-anti-corruption/, published April 2013, accessed November 2014. 3) Mandate of the Inspectorate of Government, http://www.igg.go.ug/about/mandate/, accessed June 2014. 4) Background of the Directorate, Directorate for Ethics and Integrity, http://www.dei.go.ug/background.html, accessed June 2014. 5) NSSF Bribe: IGG asks for more time, http://www.monitor.co.ug/News/National/NSSF-bribe--IGG-asks-for-more-investigation-time/-/688334/2321386/-/veo81m/-/index.html. Accessed 02/10/2015. 6) Interview with Source 5, journalist, interviewed October 2013. 7) Interview with Source 6, political risk analyst, interviewed October 2013.
Opinion: Agree
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Opinion: Agree
Comment:
Suggested score:
Opinion: Agree
Comment:
Suggested score:
Does the public trust the institutions of defence and security to tackle the issue of bribery and corruption in their establishments?
Researcher + Peer Reviewer4110: The public widely perceives the government as a whole to be increasingly corrupt. While this attitude is not specific to the defence sector, as a government agency - and particularly one that is seen as overspending both by local and international observers - the Ministry of Defence falls within the object of public mistrust. Transparency International's Global Corruption Barometer 2013 found that 40% of respondents felt the military was corrupt/extremely corrupt.
The launch of Black Monday - a newsletter established in February 2013 by civil society groups and journalists to report on and raise awareness of government corruption in general - reflects this attitude, as does Uganda’s gradual slide down the scales of Transparency International's Corruption Perceptions Index (CPI) year on year. In particular, Black Monday has decried the gradual deterioration in budget discipline over the years, and with the release of the new budget on 12 June showing that the defence budget hit the 1 trillion Ugandan shillings mark, public trust is likely to be even more severely undermined.
Black Monday has also reported on corruption issues directly related to defence and security, including a 2003 scandal where 20 billion Ugandan shillings (approximately £4.7m) were lost in salary payments to soldiers that did not exist. The fact that no high ranking official was prosecuted for this further tarnishes the the defence sector's public image. In addition, the IMF in April warned Uganda against unspecified economic pitfalls. Although the critique did not address corruption risks in spending in particular, the timing, which coincided with reports of the inflated defence budget for 2014/15, suggests the statement was a veiled attempt to warn Uganda against overspending in defence with the result of having budget deficits elsewhere, such as in social services and other development areas. The statement comes on the back of explicit warnings by the IMF over the years that corruption will undermine development. For example, the IMF in March 2013 predicted economic recovery is likely to be slowed by the theft of public funds and other corrupt practices. Coupled with arrests of anti-corruption activists, including Black Monday activists, this has caused the population to mistrust government institutions' rhetoric when it comes to tackling bribery and corruption.
Peer Reviewer 1 states below that 'It is also worth stating that the public has a great deal of confidence generally in the UPDF when compared to other government institutions even if there is still perceived corruption. Although there is a recognition of corrupt practices within the UPDF the institution is seen in a better light than some of Uganda's other government agencies and other security agencies such as the various police divisions.' However, evidence has not been given to back up the claim.
1) Black Monday Movement, ActionAid, http://www.actionaid.org/uganda/campaign/black-monday-movement, accessed June 2014.
2) Uganda 2nd most corrupt in EA, again, The Observer, http://www.observer.ug/index.php?option=com_content&view=article&id=26323:uganda-2nd-most-corrupt-in-ea-again, published July 2013, accessed une 2014.
3) Transparency International Corruption Perceptions Index, http://www.transparency.org/research/cpi/, accessed June 2014.
4) IMF warns Uganda on economic risks, Daily Monitor, http://www.monitor.co.ug/Business/IMF-warns-Uganda-on-economic-risks/-/688322/2298468/-/y0v5c9z/-/index.html, published April 2014, accessed July 2014.
5) Black Monday activists arrested, Daily Monitor, http://www.monitor.co.ug/News/National/Black-Monday-activists-arrested/-/688334/1691514/-/uxavtdz/-/index.html, published February 2013, accessed June 2014.
6) Fight corruption to boost economy, IMF tells government, Daily Monitor, http://www.monitor.co.ug/News/National/Fight-corruption-to-boost-economy--IMF-tells-government/-/688334/1725010/-/trcwxo/-/index.html, published March 2013, accessed November 2014.
7) Transparency International Global Corruption Barometer, http://www.transparency.org/gcb2013/country?country=uganda, accessed 05/10/2015.
Opinion: Agree with Comments
Comment: It is also worth stating that the public has a great deal of confidence generally in the UPDF when compared to other government institutions even if there is still perceived corruption. Although there is a recognition of corrupt practices within the UPDF the institution is seen in a better light than some of Uganda's other government agencies and other security agencies such as the various police divisions. However the author makes important points well supported.
Suggested score:
Opinion: Agree
Comment:
Suggested score:
Opinion: Agree
Comment:
Suggested score:
Are there regular assessments by the defence ministry or another government agency of the areas of greatest corruption risk for ministry and armed forces personnel, and do they put in place measures for mitigating such risks?
Researcher + Peer Reviewer4110: The Uganda People’s Defence Force Act of 2005 does not specify what counts as corruption or what provisions are in place to investigate or prosecute it, though it does mention in passing that corruption, in the general sense of the term, is prohibited. The Committee on Defence and Internal Affairs is tasked with oversight of issues pertaining to the defence sector, including corruption, but the heavy executive influence on this department is likely to continue to undermine its effectiveness. According to Source 7, there appears to be political interference in the defence sector by high ranking political officials.
Reports of corruption in the armed forces are common in and outside of Uganda, and although some of them have been addressed, most have failed to be followed up by disciplinary action or prosecution. In September 2014, the President recalled 24 Uganda People’s Defence Forces (UPDF) officers from their mission with the African Union in Somalia (AMISOM) after it emerged that they had sold food intended for the troops to Somali civilians for personal gain. The recall followed an investigation by military intelligence of the allegations, which prompted an army spokesperson to claim that the 24 officers were to be court martialled for the crime. While this incident shows some evidence of assessment of corruption in the defence or armed forces, the measures appear to be ad hoc and not part of a formal and consistent mechanism.
Score 0 has been selected as during the course of the research no publicly available evidence of even a partial assessment of corruption risks and formalised measures to tackle it were found.
1) 20 UPDF officers face court over food theft, Daily Monitor, http://www.monitor.co.ug/News/National/20-UPDF-officers-face-court-over-food-theft/-/688334/1993648/-/ho4303z/-/index.html, published September 2013, accessed June 2014.
2) International Committee for the Red Cross, http://www.icrc.org/applic/ihl/ihl-nat.nsf/0/34C18819BB7C4DFFC12573750032B4CE, accessed June 2014.
3) Interview with Source 7, academic specialised in Uganda, interviewed in October 2013.
Opinion: Agree with Comments
Comment: Museveni loyalists are in key positions such as in parliamentary committees and other oversight mechanisms adding to the ability of the executive to influence such matters.
Suggested score:
Opinion: Agree
Comment:
Suggested score:
Opinion: Agree
Comment:
Suggested score:
Does the country have a process for acquisition planning that involves clear oversight, and is it publicly available?
Researcher + Peer Reviewer4110: As stipulated by section 11 of the Budget Act of 2001, the Committee on Defence and Internal Affairs of Parliament is tasked with overseeing the budget for the Ministry of Defence. Annual reports include information on some acquisition plans, including operational updates and specific targets. It also makes recommendations on what equipment or other assets the budget should be used for. However, information contained in these reports is often incomplete. The Committee itself is not always privy to decisions made by the executive concerning acquisitions in the defence sector. For example, there have been allegations made in the media that in April 2011, there was a withdrawal of US$ 740 million from the central bank to pay for six fighter jets without prior parliamentary approval. The central bank's lack of control over withdrawals of such magnitude raises concerns over the strength of oversight mechanisms in the defence sector.
The Budget Committee has partial oversight of the military budget but does not appear to have a mandate to oversee acquisition planning. For example, a May 2015 budget committee report refers to the procurement of equipment under classified expenditure. However, it also notes the committee's concerns over the growing proportion of the military budget that is classified, and that it now reaches 77%. It goes on to recommend that parliament should continue to scrutinize classified expenditure, but makes no further reference to acquisition. The overall defence budget is published in the media, and included in the national budget report, but no annual report specific to the ministry of defence is available to the public. There is no evidence of a clearly defined acquisition planning process - as separate from procurement alone - in the defence sector.
1) $740 fighter jet scam sneaks under the radar, The East African, http://www.theeastafrican.co.ke/news/+740m+fighter+jets+scam+sneaks+under+the+radar/-/2558/1137840/-/3kw0g3z/-/index.html, published April 2011, accessed June 2014. 2) Report of the Committee on Defence and Internal Affairs on the Ministerial Policy Statements and Budget Estimates for the Fiscal Year 2013/14, www.parliament.go.ug, accessed June 2014. 3) Interview with Source 8, journalist, interviewed October 2013 4) Report of the Budget Committee on the National Budget framework paper for the FY 2015/16 - FY 2019/20, http://parliamentwatch.ug/wp-content/uploads/2015/04/BUD-15-Report-on-the-National-Budget-Framework-Paper-for-the-FY-2015-16-2019-20.pdf, published May 2015, accessed July 2015. 5) Committee on Budget, Parliament of Uganda, http://www.parliament.go.ug/mpdata/members.hei?committeeno=42&name=Committee+on+Budget, accessed July 2015. 6) National Budget framework paper FY 2015/16, http://budget.go.ug/budget/sites/default/files/National%20Budget%20docs/National%20Budget%20Framework%20Paper%20FY%202015-16.pdf, published March 2015, accessed July 2015. 7) Uganda defence budget hits Shs6.1tn, Chimp Reports, http://chimpreports.com/uganda-defence-budget-hits-shs1-6tn/, published June 2015, accessed July 2015.
Opinion: Agree
Comment:
Suggested score:
Opinion: Disagree
Comment: The procurement process is well defined but the procedures are at times ignored.
Suggested score: 2
Opinion: Agree
Comment:
Suggested score:
Is the defence budget transparent, showing key items of expenditure? This would include comprehensive information on military R&D, training, construction, personnel expenditures, acquisitions, disposal of assets, and maintenance.
Researcher + Peer Reviewer4110: The defence budget lacks transparency and a large part of it is officially classified. Approval for expenditure on specific items is sought through Parliament and the Committee on Defence and Internal Affairs, but in some cases even this avenue is circumvented as for example in the case of the six fighter jets bought for US$740 million in 2011.
Although the Committee on Defence and Internal Affairs does provide some information on training, personnel expenditure, acquisitions and other military expenditures and plans in an annual report, publicly available information is not comprehensive, and there is no evidence of a more specific itemised budget in the public domain. For example, the 2014/15 defence budget has earmarked 2.5bn Ugandan shillings (£580,000) per riot, but MPs and the public are not told how this money is distributed. In particular, Uganda’s defence budget has continued to increase over the years, and along with Burundi, it topped all other East African countries for military expenditure in 2013, using 2.2% of its GDP despite assurances to international donors that it would use no more than 2% of GDP. According to Source 1, budget estimates and approved budget amounts for the defence ministry are published each year, but the exact use of the funds remain classified.
1) East Africa: Uganda, Burundi, tops regional military spending; Algeria Africa's top recipient, African Armed Forces, http://www.aafonline.co.za/news/east-africa-uganda-burundi-tops-regional-military-spending-algeria-africa%E2%80%99s-top-recipient, published April 2014, accessed June 2014.
2) $740 fighter jet scam sneaks under the radar, The East African, http://www.theeastafrican.co.ke/news/+740m+fighter+jets+scam+sneaks+under+the+radar/-/2558/1137840/-/3kw0g3z/-/index.html, published April 2011, accessed June 2014.
3) Interview with Source 1, shadow government official, interviewed in October 2013.
4) Ministry of Defence, Ministerial Policy Statement FY 2014/15, http://www.csbag.org/docs/Minister%20of%20Defence%20Ministerial%20Policy%20statement%20FY2014-15.pdf, published June 2014, accessed November 2014.
5) Uganda Budget Information, Central Government Releases, http://www.budget.go.ug/budget/content/central-government-releases-2, accessed November 2014.
6) Queries as Parliament Passes Defence Budget, The Insider, http://www.theinsider.ug/queries-as-parliament-passes-defence-budget/, published September 2014, accessed November 2014.
7) Report of Committee on Defence on Ministerial Policy Statement for FY 2014/15, Parliament Watch Uganda, http://parliamentwatchuganda.org/report-committee-defence-ministerial-policy-statement-fy-2014-15/, published September 2014, accessed November 2014.
Opinion: Agree
Comment:
Suggested score:
Opinion: Disagree
Comment: The Budget is transparent in as far as general items that are not classified are concerned.
Suggested score: 2
Opinion: Agree
Comment:
Suggested score:
Is there a legislative committee (or other appropriate body) responsible for defence budget scrutiny and analysis in an effective way, and is this body provided with detailed, extensive, and timely information on the defence budget?
Researcher + Peer Reviewer4110: As stipulated by section 11 of the Budget Act of 2001, the Committee on Defence and Internal Affairs is tasked with the scrutiny of the defence budget and other defence matters. However, the secretive nature of the sector suggests that the Committee is unlikely to be provided with timely or detailed information as to how the budget is spent. The Committee in fact was criticised in 2011 when US$740 million was withdrawn from the central bank to pay for six fighter jets, particularly since reports suggest the jets should have cost only approximately US$ 327 million. This incident underscored the military’s failure to consistently disclose budgetary plans to the Committee mandated to oversee them.
More broadly, the Committee on Budget is mandated to consider the national budget, among other things. However, although Uganda’s overall budget transparency is relatively high for the region, the Ministry of Defence is an exception. A dual system of budgetary reviews also hinders transparency. Under the Public Procurement and Disposal of Public Assets Authority (PPDA) Act, only one list of expenditures is submitted for normal procurement procedure, while the other contains classified material. Although both lists are submitted for scrutiny, responsibility for the second list ultimately rests with the Ministry of Defence. This has allegedly resulted in a number of ill-advised purchases of equipment, including jets, uniforms and weapons that were faulty or broken.
Peer reviewer 1 states (see below) 'although in existence there is no evidence that the Committee has the ability to influence executive decisions, it does play a role in seeking clarifications on military activities.'
1) $740m fighter jet scam sneaks under the radar, The East African, http://www.theeastafrican.co.ke/news/+740m+fighter+jets+scam+sneaks+under+the+radar/-/2558/1137840/-/3kw0g3z/-/index.html, published April 2011, accessed June 2014.
2) Committee on Budget, http://www.parliament.go.ug/mpdata/members.hei?committeeno=42&name=Committee+on+Budget, accessed June 2014.
3) Uganda tops in budget transparency, Daily Monitor, http://www.monitor.co.ug/News/National/Uganda-tops-in-budget-transparency/-/688334/1715580/-/wc7evoz/-/index.html, published March 2013, accessed June 2014.
4) $740 fighter jet scam sneaks under the radar, The East African, http://www.theeastafrican.co.ke/news/+740m+fighter+jets+scam+sneaks+under+the+radar/-/2558/1137840/-/3kw0g3z/-/index.html, published April 2011, accessed June 2014.
5) Report of the Committee on Defence and Internal Affairs on the Ministerial Policy Statements and Budget Estimates for the Fiscal Year 2013/14, www.parliament.go.ug, accessed June 2014.
6) Interview with Source 8, journalist, interviewed October 2013
Opinion: Disagree
Comment: Although in existence there is no evidence that the Committee has the ability to influence executive decisions, it does play a role in seeking clarifications on military activities.
Suggested score: 1
Opinion: Agree
Comment:
Suggested score:
Opinion: Agree
Comment:
Suggested score:
Is the approved defence budget made publicly available? In practice, can citizens, civil society, and the media obtain detailed information on the defence budget?
Researcher + Peer Reviewer4110: The approved detailed defence budget is not made public, meaning citizens or organisations do not have access to detailed information. Broad information on the budget is released to the media, for example in the form of the overall budget estimate, which for the financial year 2014/15 is 1 trillion Ugandan shillings (£232m). The Ministry of Defence’s Ministerial Policy Statement for 2014/15 discusses areas where funding is expected to be spent, but does not detail what amounts are allocated to what areas. Some itemisation is provided in the Committee of Defence and Internal Affairs report on the Ministerial Policy Statement, such as a broad breakdown of the supplementary budget, but details are not included.
The Uganda Budget Information website (http://www.budget.go.ug/) theoretically grants access to budget information in the security sector, but at the time of writing, the website was not properly set up to allow access to this information. Budget information is often made public only after spending decisions have been discussed internally and action has been taken. For example, the Observer, a local newspaper in May 2013 reported that the government had purchased a fleet of SU-30 fighter jets, but that it was not known until at least a week after the jets were delivered to the air base in Entebbe. Moreover, the cost of the purchase was not made public. UPDF declined to comment on that specific delivery of jets, further highlighting the non-transparent process of budgeting decisions. Moreover, the reason for the acquisition, as well as the general arms and equipment building up the defence sector over the past several years, was not disclosed.
1) UPDF air wing to move main base, IHS Jane's Defence Weekly, http://www.janes.com/article/34623/updf-air-wing-to-move-main-base, published 2014, accessed June 2014. 2) South Sudan: Investigate new cluster bomb use, Human Rights Watch, http://www.hrw.org/news/2014/02/14/south-sudan-investigate-new-cluster-bomb-use, published February 2014, accessed June 2014. 3) More fighter jets arrive, The Observer, http://www.observer.ug/index.php?option=com_content&view=article&id=25121:more-fighter-jets-arrive, published May 2013, accessed June 2014. 4) Uganda receives final SU-30s from Russia, Defence Web, http://www.defenceweb.co.za/index.php?option=com_content&view=article&id=26076:uganda-receives-final-su-30s-from-russia&catid=35:Aerospace&Itemid=107, published June 2012, accessed June 2014. 5) Ministry of Defence, Ministerial Policy Statement FY 2014/15, http://www.csbag.org/docs/Minister%20of%20Defence%20Ministerial%20Policy%20statement%20FY2014-15.pdf, published June 2014, accessed November 2014. 6) Uganda Budget Information, Central Government Releases, http://www.budget.go.ug/budget/content/central-government-releases-2, accessed November 2014. 7) Queries as Parliament Passes Defence Budget, The Insider, http://www.theinsider.ug/queries-as-parliament-passes-defence-budget/, published September 2014, accessed November 2014. 8) Report of Committee on Defence on Ministerial Policy Statement for FY 2014/15, Parliament Watch Uganda, http://parliamentwatchuganda.org/report-committee-defence-ministerial-policy-statement-fy-2014-15/, published September 2014, accessed November 2014. 9) Uganda Budget Information, http://www.budget.go.ug/, accessed November 2014. 10) Works gets 2.6trillion as parliament passes FY 2014/15 national budget, Inside Report, http://www.insidereport.co.ug/works-gets-2-6bn-as-parliament-passes-201415-national-budget/#?1#?1#WebrootPlugIn#?1#?1#PhreshPhish#?1#?1#agtpwd, published october 2014, accessed November 2014.
Opinion: Agree
Comment:
Suggested score:
Opinion: Agree
Comment:
Suggested score:
Opinion: Agree
Comment:
Suggested score:
Are sources of defence income other than from central government allocation (from equipment sales or property disposal, for example) published and scrutinised?
Researcher + Peer Reviewer4110: In 2013, the Uganda defence sector was reported to have used 2.2% of its GDP on defence spending. While the source of the specific income used to fund the defence sector is not published, some of it is likely to come in part through foreign aid, and in part through the domestic and export revenue that make up Uganda’s GDP. For example, the US supports Uganda’s anti-terrorism efforts and its operations to find the leader of the Lord’s Resistance Army (LRA), whose stated aim is to overthrow the Ugandan government, and who allegedly routinely massacres civilians in neighbouring countries such as the Central African Republic (CAR) and the Democratic Republic of Congo (DRC). In addition, Uganda receives remuneration from the African Union (AU) for the Uganda People’s Defence Force (UPDF) troops deployed to Somalia as part of the AU mission in Somalia (AMISOM).
All of this information is publicly available, though there does not appear to be a specific publication that compiles all the sources of income for the defence sector. Further income for the defence sector is expected to come from the oil industry, which according to Source 8, is itself currently opaque and concentrated in the hands of the executive. The increased militarisation of the Lake Albert region where oil fields are located, as reported by Source 8, further highlights increased military expenditure connected to the oil industry. Moreover, the six fighter jets purchased in 2011 were paid for with earnings from oil taxes. While the Auditor General has scrutinised and reported on this, the lack of follow-up to address the misuse of power and circumvention of procedures points to a deeply flawed examination of the sources of defence income.
1) Defence related graft: EAC pays the heavy price of secrecy, The East African, http://www.theeastafrican.co.ke/news/Graft-invades-military-and-defence-budgets/-/2558/1689610/-/198e7qz/-/index.html, published February 2013, accessed June 2014. 2) Obama boosts efforts to find Kony, The Washington Post, http://www.washingtonpost.com/world/national-security/2014/03/23/aa468ca6-b2d0-11e3-8020-b2d790b3c9e1_story.html, published March 2014, accessed June 2014. 3) More US military aid to Africa as terrorism grows, The Grio, http://thegrio.com/2012/08/02/more-us-military-aid-to-africa-as-terrorism-grows/, published August 2012, accessed June 2014. 4) Auditor General's latest report a fertile field of stories, African Centre for Media Excellent, http://www.acme-ug.org/index.php/tag/uganda-auditor-generals-report/, published April 2014, accessed June 2014. 5) Interview with Source 8, journalist, interviewed October 2013.
Opinion: Agree
Comment:
Suggested score:
Opinion: Agree
Comment:
Suggested score:
Opinion: Agree
Comment:
Suggested score:
Is there an effective internal audit process for defence ministry expenditure (that is, for example, transparent, conducted by appropriately skilled individuals, and subject to parliamentary oversight)?
Researcher + Peer Reviewer4110: The Defence White Paper contains reference to an internal audit. However, there is no publically available information on its activities. Opposition members routinely call for audits of the UPDF budget and activities, but these calls appear to not be followed up. For example, a main opposition figure in August 2012 called for an audit of UPDF activity in Somalia, while other opposition figures have called for similar audit for the UPDF deployment in South Sudan.
Several incidents highlight the ad hoc nature and limited effectiveness of internal UPDF audits. In 2003, a commission of inquiry was set up to investigate reports of “ghost soldiers”, or non-existent UPDF soldiers who were allocated salaries, but although instances of corruption were uncovered, the mechanism was not consistent, and further “ghost soldier” instances were discovered through ad hoc investigations in 2007 and again in 2009. In 2007, 3,000 ghost soldiers were discovered during a payroll cleanup exercise. However, the commission set up to investigate the ghost soldiers was internal, and was comprised of the then Defence Minister, President Museveni's brother General Salim Saleh, and intelligence chief Gen David Sejusa. Although some high ranking officials reportedly faced court martial for the crime, there have been no reports of convictions, while the offence of creating ghost soldiers was blamed most heavily on junior officers.
1) S. Sudan: Mbidde challenges UPDF on battle losses, Chimp Reports, http://chimpreports.com/index.php/regional-news/s-sudan/16232-dp-we-re-told-10-000-updf-soldiers-perished-in-s-sudan-war.html, published January 2014, accessed June 2014. 2) General Sejusa has unsettled Museveni, The Observer, http://www.observer.ug/index.php?option=com_content&view=article&id=27382:general-sejusa-has-unsettled-museveni, published September 2013, accessed June 2014. 3) Uganda: UPDF commanders confess to existance of ghost soldiers, The Independent, http://allafrica.com/stories/200911200656.html, published October 2009, accessed June 2014. 4) AC3,000 ghost soldiers discovered in UPDF, New Vision, http://www.newvision.co.ug/D/8/13/565889, published May 2007, accessed June 2014. 5) Odoobo C. Bichachi, &quoute;From Ghost Soldiers to Ghost Investors&quoute;, The Observer, published May 2012, accessed November 2014, http://www.observer.ug/index.php?option=com_content&view=article&id=18547:from-ghost-soldiersto-ghost-investors&catid=37:guest-writers&Itemid=66
3. Ministry of Defence. 'White Paper on Defence Transformation', 2004. accessed 05/10/2015.
Opinion: Agree
Comment:
Suggested score:
Opinion: Disagree
Comment: All ministry structures including MOD, have internal Audit Departments and processes. It is from some of these Audit processes that gaps are discovered eg lost fuel in the war zones, and existence of ghost soldiers etc.
Suggested score: 2
Opinion: Agree
Comment:
Suggested score:
Is there effective and transparent external auditing of military defence expenditure?
Researcher + Peer Reviewer4110: The Auditor General is mandated to audit all public accounts. Media reports refer to the Auditor General conducting - or attempting to conduct - audits on the defence sector. Auditing information of the defence sector is also included in the Auditor General's annual reports, which are published and open to the public. There is some evidence that findings are followed up, though it is not clear whether they are directly acted upon. For example, the Ministry of Defence was called upon to respond to queries raised by the Auditor General's 2013 audit.
Evidence indicates external auditing by the Auditor General may not always be independent in practice. For example, in September 2013, the President instructed the Auditor General to conduct an audit of the expenditure of security organizations. This came in response to a high-level defection of a General within the army. The purposes of this audit were not made explicit. The Observer newspaper reported in September 2013 that two officers of UPDF were instructed to help audit classified accounts “without exposing the purpose” of the audit. In other words, the officers were ordered to assist the Auditor General in an audit without making the motivation for the audit public or releasing subsequent findings. It is not clear in what capacity their assistance was needed, and in fact, this order may have been in violation of Uganda’s Constitution, which states that the Auditor General is to remain independent.
In 2004, the Auditor General was allegedly blocked from accessing the accounts of the UPDF 3rd and 4th divisions after the office sought to query a transfer of 280m Ugandan shillings from Nakasongola to Gulu, two towns in rural Uganda. These incidents highlight the way in which the defence budget is shielded from consistent and rigorous audits under the guise of being classified.
1) General Sejusa has unsettled Museveni, The Observer, http://www.observer.ug/index.php?option=com_content&view=article&id=27382:general-sejusa-has-unsettled-museveni, published September 2013, accessed June 2014.
2) State of UPDF barracks, The Independent, http://www.independent.co.ug/cover-story/2085-state-of-updf-barracks, published November 2009, accessed June 2014.
3) Mbabazi, Besigye, Tinyefuza intelligence reports claim they are jointly plotting against Museveni, The Independent, http://www.independent.co.ug/cover-story/8795-mbabazi-besigye-tinyefuza-intelligence-reports-claim-they-are-jointly-plotting-against-museveni, published March 2014, accessed June 2014.
4) Uganda: Auditor blocked from army accounts, Daily Monitor, http://allafrica.com/stories/200506201520.html, published June 2005, accessed June 2014.
5) Annual report of the Auditor General for the year ended 30th June 2014, Office of the Auditor General, http://www.oag.go.ug//wp-content/uploads/2015/06/Volume-2A-Annual-Report-of-the-Auditor-General-For-the-Year-ended-30th-June-2014.pdf, accessed July 2015.
6) Meeting with the Ministry of Defence, Parliament Watch Uganda, http://parliamentwatch.ug/meeting/meeting-ministry-defence/, published September 2014, accessed July 2015.
7) Legal mandate of the Auditor General and the office of the Auditor General, http://www.oag.go.ug/legal-mandate/, accessed July 2015.
Opinion: Agree
Comment:
Suggested score:
Opinion: Disagree
Comment: The Auditor General carries out the external Audit of the MOD and makes the respective reports to parliament
Suggested score: 2
Opinion: Agree
Comment:
Suggested score:
Is there evidence that the country's defence institutions have controlling or financial interests in businesses associated with the country's natural resource exploitation and, if so, are these interests publicly stated and subject to scrutiny?
Researcher + Peer Reviewer4110: According to Sources 9 and 10, members of the defence forces including the UPDF and the UPDF’s Special Forces Command (SFC) are buying up land in the Lake Albert region, where oil exploration is ongoing. The activities are closely tied up with tense and complicated land laws in Uganda, whereby powerful politicians and defence members are taking advantage of unspecific or contradictory land laws to buy land at a lower cost than its value, thereby disenfranchising local people, many of whom do not hold official land titles. The increase in interest in buying land in the region is directly related to oil exploration, which is expected to raise the value of land in the area. Concurrently, there has been a significant increase in UPDF's, and particularly SFC's, presence in the Lake Albert area.
Private security companies (including one owned by a senior ranking military official with strong ties to the ruling government) have also come to the area, despite there being no evidence of heightened security threats at the moment. This has emerged within a context where the oil industry is under excessive ministerial and executive control, as stipulated by the Petroleum (Exploration, Development and Production) Act passed in April 2013, leaving little room for legislative oversight. In the gold mining sector, rights groups have reported that an excessive UPDF presence in mining areas in Karamoja has created confusion among locals, who have been subjected to human rights abuses by these soldiers in the context of forced disarmament. Abuses included unlawful killings, torture and arbitrary detention. The last reported abuses occurred in 2011, though it is unclear whether they have ceased completely.
The precise number of soldiers stationed in Karamoja is publicly unavailable, but reports have emerged of some of them being directly involved in the local gold trade. For example, Human Rights Watch reports that “there is clear evidence that soldiers provide security for the companies and their workers, and at least in some instances, benefit financially from those arrangements”. This suggests that the UPDF maintains a controlling or financial interest in the gold mining sector in Karamoja. Despite these reports, there is no evidence of investigation into the alleged activities, and defence spokesmen routinely deny the UPDF’s involvement in the trade, and in some cases, even their physical presence in the area.
1) Interview with Source 9, academic based in Kampala, interviewed in October 2013.
2) Interview with Source 10, civil society representative, interviewed in October 2013.
3) President Museveni signs oil law, The Independent, http://www.independent.co.ug/ugandatalks/2013/04/president-museveni-signs-oil-law/, published April 2013, accessed June 2014.
4) Uganda, Global Witness, http://www.globalwitness.org/campaigns/corruption/oil-gas-and-mining/uganda, accessed June 2014.
5) How can we survive? Human Rights Watch, http://www.hrw.org/reports/2014/02/03/how-can-we-survive-here, published February 2014, accessed June 2014.
Opinion: Agree
Comment:
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Opinion: Agree
Comment:
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Opinion: Agree
Comment:
Suggested score:
Is there evidence, for example through media investigations or prosecution reports, of a penetration of organised crime into the defence and security sector? If no, is there evidence that the government is alert and prepared for this risk?
Researcher + Peer Reviewer4110: Organised most frequently manifests in the form of small gangs of robbers who organise to conduct house raids. However there is little indication the government is actively attempting to tackle organised crime, and there is evidence that defence members are involved in the illegal mineral trade. A Human Rights Watch report released in February 2014 suggests that UPDF troops had controlling interests in the gold trade in Karamoja despite denials by official UPDF spokespeople. The UPDF is also long suspected of being involved in the illegal mineral trade in neighbouring DRC, and a January 2014 UN report suggests that the majority of the Ugandan gold trade is sourced from the DRC. However, the report indicates that the government is likely to be directing such operations, rather than attempting to investigate or address alleged illegal mineral trafficking.
UPDF troops stationed in Somalia as part of the African Union mission in Somalia (AMISOM) have been also routinely accused of collaborating to sell UPDF assets to Somali civilians and in some cases to extremist group al-Shabab. For example, reports throughout 2013 indicated that UPDF officers had illegally sold food and weapons to civilians, with many of the weapons ending up in the hands of al-Shabab. The same reports also indicated some UPDF officers had used Ugandan resources to train al-Shabab fighters for financial gain. Uganda signed the Anti-Money Laundering Act in October 2013, but challenges such as capacity constraints in terms of personnel needed to monitor or supervise compliance and the lack of other resources such as logistical and training resources are likely to complicate the implementation of the Act. Given organised crime is not a significant feature of Uganda, the score should be between 1 and 2. Score of 1 has been selected to highlight the breadth of organized economic crime and the lack of government action to combat it.
1) Uganda 2014 Crime and Safety Report, OSAC, https://www.osac.gov/pages/ContentReportDetails.aspx?cid=15283, published July 2014, accessed June 2014.
2) Implementation of the Anti-Money Laundering Act, Parliament Watch Uganda, http://parliamentwatchuganda.org/implementation-anti-money-laundering-act/, published April 2014, accessed June 2014.
3) How can we survive? Human Rights Watch, http://www.hrw.org/reports/2014/02/03/how-can-we-survive-here, published February 2014, accessed June 2014.
4) UN report indicates continued smuggling of conflict minerals in DRC region, Making Sense of Dodd-Frank, http://dodd-frank.com/un-report-indicates-continued-smuggling-of-conflict-minerals-in-drc-region/, published February 2014, accessed June 2014.
5) Letter dated 22 January 2014 from the Coordinator of the Group of Experts on the Democratic Republic of the Congo addressed to the President of the Security Council, UN Security Council, http://www.un.org/ga/search/view_doc.asp?symbol=S/2014/42, published January 2014, accessed June 2014.
6) AMISOM starts investigating alleged sell of weapons, Red Pepper, http://www.redpepper.co.ug/amisom-starts-investigating-alleged-sell-of-weapons/, published October 2013, accessed June 2014.
Opinion: Agree
Comment:
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Opinion: Agree
Comment:
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Opinion: Agree
Comment:
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Is there policing to investigate corruption and organised crime within the defence services and is there evidence of the effectiveness of this policing?
Researcher + Peer Reviewer4110: There is no evidence of a specific anti-corruption unit within defence services. A military police body charged with ensuring discipline within the armed forces does exist. However, there is no evidence it engages in investigating organised crime or corruption.
There is no evidence to suggest there is policing of illegal mineral trade. With regards to reports of UPDF involvement in the Karamoja trade, official UPDF spokespeople have issued denials of the allegations, while the mineral trade in DRC is likely to be driven by the executive.
There is however, some evidence to suggest that UPDF soldiers accused of corrupt practices during their deployment with the African Union mission in Somalia (AMISOM) are facing investigation and potential disciplinary action. Twenty four officers were recalled and are currently undergoing court martial for the offence. None have so far been convicted, but the trials were ongoing as at November 2015. The UPDF has long been accused by both local and international rights groups of human rights abuses against civilians during protests as well as during the conflict in the north and in various other occasions of civil unrest, and despite calls for investigation, none have been conducted. This reflects a lack of political will to both support any investigative bodies and to conduct the investigations themselves.
Moreover, there is little evidence to suggest that the court martial system is effective or independent, and therefore legitimate. A study reported in the African Human Rights Law Journal suggests that military courts do not meet the criteria needed for independent and impartial tribunals in all cases including security of tenure or financial security for judges, rendering them vulnerable to corruption, and safeguards to guarantee judicial independence, particularly from the executive. These limitations also leave the court martial system open to being used as a political tool. For example, in July 2013, Al Jazeera reported that four intelligence officers were to be court martialled for plotting to overthrow the government. This was allegedly politically motivated rather than a legitimate pursuit of justice. The political and self-interested nature of the prosecution illustrates the ineffectiveness of the process of investigating corruption and organised crime, in that the court system can easily be manipulated.
1) 20 UPDF officers face court over food theft, the Daily Monitor, http://www.monitor.co.ug/News/National/20-UPDF-officers-face-court-over-food-theft/-/688334/1993648/-/ho4303z/-/index.html, published September 2013, accessed June 2014.
2) UPDF bosses sold war fuel to Somalis, says witness, Daily Monitor, http://www.monitor.co.ug/News/National/UPDF-bosses-sold-war-fuel-to-Somalis--says-witness/-/688334/2293208/-/its3wqz/-/index.html, published April 2014, accessed June 2014.
3) ICC to investigate Ugandan army, CNN, http://edition.cnn.com/2010/WORLD/africa/06/03/uganda.army.icc/, published June 2010, accessed June 2014.
4) Uganda: investigate use of lethal force during riots, Human Rights Watch, http://www.hrw.org/news/2009/10/01/uganda-troops-killed-unarmed-people-riot-period, published October 2009, accessed June 2014.
5) Naluwairo, Ronald. &quoute;Military court and human rights: a critical analysis of the compliance of Uganda's military justice with the right to an independent and impartial tribunal.&quoute; African Human Rights Law Journal 12 (2012): 448 - 469.
6) &quoute;Uganda charges four in alleged coup plot&quoute;, Al Jazeera, published July 2013, accessed November 2014, http://www.aljazeera.com/news/africa/2013/07/2013719152359907873.html.
7) US army trains military police, New Vision, http://www.newvision.co.ug/news/646097-us-army-trains-uganda-military-police.html, published September 2013, accessed July 2015.
8) Uganda warns of corruption in Amisom, http://diplomat.so/2015/11/10/uganda-warns-of-corruption-in-amisom/.
Opinion: Agree
Comment:
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Opinion: Agree
Comment:
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Opinion: Agree
Comment:
Suggested score:
Are the policies, administration, and budgets of the intelligence services subject to effective, properly resourced, and independent oversight?
Researcher + Peer Reviewer4110: There is no committee that oversees the activities of the intelligence agencies, and no further evidence of external oversight. According to Source 7, the direction and control of the intelligence services are entirely at the discretion of the executive, primarily in place to serve the interests of the President rather than as a means to protect the country from external or internal threats.
Reshuffles and appointments of senior officials within the intelligence services appear to be directed by the President without being subject to any legislative or public scrutiny. For example, reports suggest that in April 2013 the president unilaterally reorganised the intelligence services after it emerged that their coordinator had made accusations of a planned dynastic succession at the helm of the country. The former coordinator has been in self-imposed exile in London since April 2013 and was replaced in his post in March 2014. During this reorganisation the president also moved the Chief of Defence Forces into the post of Internal Affairs Minister, effectively placing him in control of the police with a mandate to militarise it. This appointment was challenged in the Constitutional Court (Source 7). indicated that this only equated to a demotion in terms of title and not in the amount of power this individual can still wield in the intelligence and security sector, highlighting how personalities and officials close to the president can exercise power outside of the independent oversight of official state channels.
The 2005 Constitution recommended that a new legal framework be put in place to establish accountability mechanisms, a clear mandate and civilian oversight for the security services, but so far there is no evidence of steps taken in this direction.
The Ugandan intelligence services currently comprises the External and Internal Security Oranisations (ESO and ISO respectively), the Chief of Military Intelligence (CMI), the Uganda People’s Defence Force (UPDF), the Police Criminal Investigations and Intelligence Directorate (CIID), and Joint Anti-Terrorism Taskforce (JATT), the Joint Intelligence Committee (JIC), the Rapid Response Unit (RRU), the Special Revenue Protection Unit (SPRU), the Popular Intelligence Network (PIN) and the State House Counter-Intelligence Unit (SHCIU), all of which must be coordinated. Nevertheless, reports indicate that many of these bodies bypass coordination mechanisms and report directly to the President.
1) Intelligence in crisis, The Independent, http://www.independent.co.ug/cover-story/8424-intelligence-in-crisis, published November 2013, accessed June 2014.
2) Uganda - countries at the crossroads 2012, Freedom House, http://freedomhouse.org/report/countries-crossroads/2012/uganda#.U68HRpR5OSo, accessed June 2014.
3) Muruli Mukasa: I replaced Sejusa, The Observer, published March 2014, accessed November 2014, http://observer.ug/index.php?option=com_content&view=article&id=30889:-muruli-mukasa-i-replaced-sejusa.
4) Aronda sets up intelligence unit at immigration, Daily Monitor, http://www.monitor.co.ug/News/National/Aronda-sets-up-spy-unit-at-immigration/-/688334/2062142/-/13fsyqxz/-/index.html, published November 2013, accessed June 2014.
5) Interview with Source 7, academic specialised in Uganda, interview October 2013.
6) Intelligence sector reform in Uganda: Dynamics, aspects and prospects, Global facilitation network for security sector reform, http://www.ssrnetwork.net/document_library/detail/5628/intelligence-sector-reform-in-uganda-dynamics-aspects-and-prospects, accessed June 2014.
7) The Daily Monitor, June 17, http://www.monitor.co.ug/News/National/Petitioner-seeks-speedy-hearing-of-Aronda-case/-/688334/2350602/-/7wgdsr/-/index.html and http://www.independent.co.ug/cover-story/8018-aronda-saga
Opinion: Agree
Comment:
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Opinion: Agree
Comment:
Suggested score:
Opinion: Agree
Comment:
Suggested score:
Are senior positions within the intelligence services filled on the basis of objective selection criteria, and are appointees subject to investigation of their suitability and prior conduct?
Researcher + Peer Reviewer4110: There is no transparency in the recruitment process in the intelligence services. Local media reports that the service, along with the military, is biased towards individuals from the Western regions. In this way the president remains the final arbiter of the defence and intelligence services. Sources 1 and 7 stated that this system serves to divide the intelligence services and preserve his power by ensuring individual departments are not able to operate without him.
Senior officers in the intelligence services do not appear to undergo selective selection criteria, and their appointments are likely to be based primarily on individual loyalties to the President. For example, when the former intelligence coordinator denounced the President in April 2013 for attempting to engineer a dynastic succession empowering his son. Media reports also indicate that the former intelligence coordinator was replaced by an ally of the president against the former Prime Minister in March 2014. The President and the former Prime Minister grew increasingly distant after it became apparent that the latter harboured presidential ambitions.
Therefore, score 0 has been selected given the above evidence of regional and political bias in the appointment of senior intelligence officials.
1) Intelligence in crisis, The Independent, http://www.independent.co.ug/cover-story/8424-intelligence-in-crisis, published November 2013, accessed June 2014.
2) Uganda - countries at the crossroads 2012, Freedom House, http://freedomhouse.org/report/countries-crossroads/2012/uganda#.U68HRpR5OSo, Published 2012, accessed June 2014.
3) Muruli Mukasa: I replaced Sejusa, The Observer, http://www.observer.ug/index.php?option=com_content&view=article&id=30889:-muruli-mukasa-i-replaced-sejusa&catid=53:interview&Itemid=67, published March 2014, accessed June 2014.
4) Museveni - Mbabazi relationship on the rocks, Uganda Correspondent, http://www.ugandacorrespondent.com/articles/2011/07/museveni-mbabazi-relationship-on-the-rocks/, published July 2011, accessed June 2014.
5) Interview with Source 7, academic specialised in Uganda, interviewed October 2013.
6) Interview with Source 1, shadow government official, interviewed October 2013.
7) Opposition, NRM divided on Mbabazi bid, Daily Monitor, http://www.monitor.co.ug/News/National/Opposition-NRM-divided-on-Mbabazi-bid/-/688334/2753294/-/1bnra6z/-/index.html, published June 2015, accessed July 2015.
8) Opposition split over Western Uganda dominance, Chimp Reports, http://chimpreports.com/opposition-split-over-western-uganda-dominance/, published November 2014, accessed July 2015.
9) Pluralism, what relevance for Uganda?, http://www.hivos.net/Hivos-Knowledge-Programme/Themes/Pluralism/Topics/Managing-ethnic-diversity/Pluralism-what-relevance-for-Uganda, accessed July 2015.
10) Probe assassination claims, says Tinyefuza, Daily Monitor, http://www.monitor.co.ug/News/National/Probe-assassination-claims--says-Tinye/-/688334/1844358/-/fjq5ayz/-/index.html, published May 2013, accessed July 2015.
11) Who's afraid of David Sejusa? Everyone, it seems, The East African, http://www.theeastafrican.co.ke/OpEd/comment/Who-s-afraid-of-David-Sejusa--Everyone--it-seems-/-/434750/1856070/-/673lbu/-/index.html, published May 2013, accessed July 2015.
12) Police deploy ahead of Tinyefuza's return, Daily Monitor, http://www.monitor.co.ug/News/National/Police-deploy-ahead-of-Gen--Tinyefuza-s-return/-/688334/1848542/-/12opd9s/-/index.html, published May 2013, accessed July 2015.
Opinion: Agree
Comment:
Suggested score:
Opinion: Agree
Comment:
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Opinion: Agree
Comment:
Suggested score:
Does the government have a well-scrutinised process for arms export decisions that aligns with international protocols, particularly the Arms Trade Treaty (ATT)?
Researcher + Peer Reviewer4110:
The Parliamentary Committee on Defence and Internal Affairs scrutinises SALW arms transfers.
Uganda has not signed the Arms Trade Treaty (ATT), and it has expressed some misgivings with the treaty, which it says is geared towards serving the interests of developed arms manufacturer and exporter nations by focusing too heavily on regulating large scale equipment such as tanks. The government has indicated it believes that small arms and light weapons (SALW) pose the greatest threat to its own security, rather than heavy weaponry.
On a national level, Uganda officially ascribes to the Firearms Act of 1970, which regulates the importation and exportation of firearms and ammunition. However, this act only covers weapons held by individuals, while those held by defence and security officers are regulated by the interior ministry. In 2012, the government drafted a bill to tighten control over and limit the use of firearms by security agencies, but the bill has so far not been passed. Uganda does not export SALW officially, though it recognises that due to porous borders, many pass through its territory.
In 2005, Uganda developed a National Action Plan on SALW. It has ratified the Nairobi Protocol on SALW and it is a member of the Regional Centre on Small Arms (RECSA), and in 2004, it adopted the Nairobi Declaration on the Problem of Illicit Small Arms and Light Weapons in the Great Lakes Region and the Horn of Africa. However, the government does not have the capacity to effectively monitor these activities and collusion by Uganda People’s Defence Forces (UPDF) and other security officers is likely to exacerbate the problem. This became particularly evident following allegations in 2013 that UPDF officers were trafficking arms in Somalia. Institutional capacity constraints to monitor the export of arms persist due to porous borders, lack of trained personnel and record keeping, and the wide availability of unregistered arms from previous conflicts or conflicts in neighbouring countries.
1) Arms Trade Treaty, United Nations Office for Disarmament Affairs, http://disarmament.un.org/treaties/t/att/deposit/asc, accessed June 2014.
2) Uganda contests UN treaty on illicit fire arms trade, Chimp Reports, http://chimpreports.com/8629-uganda-contests-un-treaty-on-illicit-fire-arms-trade/, published March 2013, accessed June 2014.
3) Firearms Act 1970, Free Access to Ugandan Law, http://www.ulii.org/ug/legislation/consolidated-act/299, accessed June 2014.
4) Uganda: Government draft tight firearms law, Daily Monitor, http://allafrica.com/stories/201202260079.html, published February 2012, accessed June 2014.
5) AMISOM starts investigating alleged sell of weapons, Red Pepper, http://www.redpepper.co.ug/amisom-starts-investigating-alleged-sell-of-weapons/, published October 2013, accessed June 2014.
6) Ratifications to the Nairobi Protocol on Small Arms and Light Weapons, Regional Centre on Small Arms, http://www.recsasec.org/index.php/ratifications-to-the-nairobi-protocol-on-salw, accessed June 2014.
7) Mapping the small arms problem in Uganda: The development of Uganda's National Action Plan on Small Arms and Light Weapons, Global facilitation network for security sector reform, http://www.saferworld.org.uk/resources/view-resource/289-mapping-the-small-arms-problem-in-uganda, accessed November 2014.
8) Uganda - Gun facts, figures and the law, Gun Policy, http://www.gunpolicy.org/firearms/region/uganda, accessed June 2014.
9) Saferworld, Uganda and International Small Arms Transfers: Implementing UN Programme of Action Commitments, 2008, www.saferworld.org.uk/downloads/pubdocs/Uganda_USformat.pdf.
Opinion: Agree
Comment:
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Opinion: Agree
Comment:
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Opinion: Agree
Comment:
Suggested score:
How effective are controls over the disposal of assets, and is information on these disposals, and the proceeds of their sale, transparent?
Researcher + Peer Reviewer4110: The Public Procurement and Disposal of Public Assets Act (PPDA) of 2003 regulates the disposal of public assets and how such information is disclosed.
The PPDA states that defence and other security organs are granted the powers to manage their asset disposals separately and according to a dual list, one of which is made public upon request, while the other relates to classified information. The restricted list is subject to a classified audit that is then submitted to Parliament, while a separate contracts committee approved by the Secretary to the Treasury is appointed to oversee the disposal of classified items. The PPDA amendment took effect in March 2014, and is aimed at improving the act in several respects, including: increased promotion of local businesses, improved efficiency in public procurement, increased transparency, and greater accountability from both public and private officials involved in procurement by making them liable for their actions and the establishment of a PPDA tribunal to prosecute offenders.
Appointments to the contracts committee are likely to be heavily influenced by the executive and are unlikely to undergo a free and fair recruitment process, increasing the risk that disposals are not properly scrutinised. Evidence suggest that the President has attempted to push long-standing military members in the background in favour of a younger generation from whom he could win individual loyalties. This has allowed him to retain control over these institutions at the expense of their independence. Trends in the appointments to the Contracts Committee have displayed similar dynamics. Moreover, there have been cases where the Contracts Committee was deliberately sidestepped by UPDF officers. For example, a deal to purchase cement for a project in the north of the country was met with criticism in 2012 after it emerged that UPDF cement had found its way into the project without going through the contracts committee.
A 2010 PPDA study found that suppliers spend 10-20% of the contract amount in bribery payments, which was an increase of 5-10% compared to the previous year. Meanwhile, although procurement in the defence sector also adheres to the PPDA, the Uganda People’s Defence Forces Act 2005 stipulates that the Minister of Defence has the power to override PPDA restrictions in cases where it is deemed “necessary or convenient for ensuring the discipline and good administrations of the Defence Forces.” While the minister’s decisions are subject to consultation with the Defence Forces Council, the lack of transparency in the ministry as a whole suggests these powers are unlikely to enjoy a high degree of accountability. These shortcomings are the product of a failure to apply the PPDA rather than any inherent inefficiency in the act.
1) Amended PPDA Act and Regulations 2014, The Public Procurement Disposal of Public Assets Authority, http://www.ppda.go.ug/, accessed June 2014. 2) Public Procurement and Disposal of Public Assets Authority, New Vision, http://www.newvision.co.ug/news/640319-public-procurement-and-disposal-of-public-assets-authourity.html, published March 2013, accessed June 2014. 3) PPDA law to promote efficiency, accountability, New Vision, http://www.newvision.co.ug/news/653148-ppda-law-to-promote-efficiency-accountability.html, published March 2014, accessed June 2014. 4) The Uganda People's Defence Forces Act 2005, http://www.icrc.org/applic/ihl/ihl-nat.nsf/0/34C18819BB7C4DFFC12573750032B4CE, accessed June 2014. 5) With efficient procurement, government can deliver more with less, The Independent, http://www.worldbank.org/en/news/opinion/2012/09/22/with-efficient-procurement-government-can-deliver-more-with-less, published September 2012, accessed June 2014.
Opinion: Agree
Comment:
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Opinion: Agree
Comment:
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Opinion: Agree
Comment:
Suggested score:
Is independent and transparent scrutiny of asset disposals conducted by defence establishments, and are the reports of such scrutiny publicly available?
Researcher + Peer Reviewer4110: The Auditor General is mandated with the task of monitoring and reporting on asset disposals in general, including by defence establishments. The office of the Auditor General makes audit results public in an annual report. Under the Public Procurement and Disposal of Public Assets Act (PPDA) Amendment of 2014 this process is due to be stepped up in light of reports that companies have been paid in full despite failing to satisfactorily complete the assigned tasks.
1) PPDA law to promote efficiency, accountability, New Vision, http://www.newvision.co.ug/news/653148-ppda-law-to-promote-efficiency-accountability.html, published March 2014, accessed June 2014.
2) Amended PPDA Act and regulations 2014, http://www.ppda.go.ug/, accessed June 2014.
3) New names, ranks in UPDF reshuffle, The Observer, http://www.observer.ug/index.php/index.php?option=com_content&task=view&id=16863&Itemid=114, published January 2012, accessed June 2014.
4) OPM fraud unravels, The Observer, http://www.observer.ug/index.php?option=com_content&view=article&id=21896:-opm-fraud-unravels&catid=78:topstories&Itemid=116, published November 2012, accessed June 2014.
5) Interview with Source 7, academic specialised in Uganda, interviewed October 2013.
Opinion: Agree
Comment:
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Opinion: Agree
Comment:
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Opinion: Agree
Comment:
Suggested score:
What percentage of defence and security expenditure in the budget year is dedicated to spending on secret items relating to national security and the intelligence services?
Researcher + Peer Reviewer4110: Intelligence budgest to not appear to be public. An article from November 2013 states that the intelligence budget is part of the president's budget and &quoute;classified&quoute;.
More generally, information on secret spending is also limited. Although the defence budget is published each year, with the latest figure for 204/15 hitting the 1 trillion Ugandan shillings mark, the allocation of these funds are not disclosed. As such, although some information on expenditure for items such as fighter jets can be found in the media once the items are purchased, the majority of the budget is not disclosed to the public, though the Open Budget Survey of 2010 reported that 7.6% of the defence budget is stated for secret expenditures.
In the 2013/14 budget, secret expenditures are estimated to have made up one third of the total defence budget. While the Open Budget Survey of 2012 gave Uganda an overall score of 65%, in contrast to 55% for 2010, it recommended that Parliament be provided with audit reports on secret expenditures. In fact, although Uganda scores well on overall budget transparency, this trend is not extended to the defence sector. This prompted Civil Society Organisations (CSOs) to call for a special committee in June 2014 to monitor classified expenditure for defence and intelligence as part of a new Public Finance bill currently under consideration by Parliament. CSOs claim that secret expenditures in the past have allowed for gross misuse of public funds by government officials, and that the current bill does not go far enough in addressing these concerns. CSOs also expressed some concerns that the new bill aims to disband Parliament’s budget committee, which they believe would undermine parliament’s ability to oversee expenditures. The new bill would also repeal and consolidate the Public Finance and Accountability Act of 2003 and the Budget Act of 2001, which currently monitor expenditure.
1) More fighter jets arrive, The Observer, http://www.observer.ug/index.php?option=com_content&view=article&id=25121:more-fighter-jets-arrive, published May 2013, accessed June 2014. 2) Uganda performs well in budget reporting, The Observer, http://www.observer.ug/index.php?option=com_content&view=article&id=23992:uganda-performs-well-in-budget-reporting&catid=79:businesstopstories&Itemid=68, published March 2013, accessed June 2014. 3) CSOs want special committee on secret budget outlay, New Vision, http://www.newvision.co.ug/news/656184-csos-want-special-committee-on-secret-budget-outlay.html, published and accessed June 2014. 4) Open Budget Survey 2012, http://internationalbudget.org/wp-content/uploads/OBI2012-UgandaCS-English.pdf, accessed June 2014. 5) Open Budget Questionnaire, Uganda, http://internationalbudget.org/wp-content/uploads/2011/04/Uganda-OBI2010QuestionnaireFinal.pdf, accessed June 2014. 6) Parliament expressed concern over classified defence expenditure, Red pepper, http://www.redpepper.co.ug/parliament-expresses-concern-over-classified-defence-expenditure/, published August 2013, accessed June 2014. 7) Haggai Matsiko, &quoute;Intelligence in Crisis&quoute;, The Independent, November 8 2013, available at http://www.independent.co.ug/cover-story/8424-intelligence-in-crisis (last accessed 4 January 2016).
Opinion: Agree
Comment:
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Opinion: Agree
Comment:
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Opinion: Agree
Comment:
Suggested score:
Is the legislature (or the appropriate legislative committee or members of the legislature) given full information for the budget year on the spending of all secret items relating to national security and military intelligence?
Researcher + Peer Reviewer4110: A parliamentary Budget Committee exists to review general budget expenditures. However, the new Public Finance Bill of 2012, currently under consideration, proposes to disband this committee. Currently, the Public Finance and Accountability Act of 2003 and the Budget Act of 2001 are set up to provide for the scrutiny of spending. However, matters relating to national security and military intelligence do not undergo this process, as there is only limited sharing of this information with the legislature, and it tends to be after the spending has already taken place. For example, when $740m were spent on six military jets in 2011, legislative approval for the expenditure was only sought after the deal had gone through.
Nevertheless, legislators do have some influence over spending, and there are occasions where they are consulted for budgetary approval. For example, the Ministry of Defence in June petitioned parliamentary approval for a supplementary defence budget of sh170 billion (US$ 65 million). The amount is intended to plug spending gaps in defence and support “regional security”. However, legislators expressed concern that the request is being made in order to support Ugandan troop deployment in South Sudan. This suggests that the Ministry of Defence has not sufficiently informed legislators of how it plans to use the supplementary funds. In fact, a parliamentary inquiry ordered in December 2013 by a speaker of parliament failed to gain traction, suggesting there has been limited to no oversight over spending for the South Sudan mission.
1) $740m fighters jets scam sneaks under the radar, The East African, http://www.theeastafrican.co.ke/news/+740m+fighter+jets+scam+sneaks+under+the+radar/-/2558/1137840/-/3kw0g3z/-/index.html, published April 2011, accessed June 2014. 2) CSOs want special committee on secret budget outlay, New Vision, http://www.newvision.co.ug/news/656184-csos-want-special-committee-on-secret-budget-outlay.html, published and accessed June 2014. 3) The cost of war: Uganda borrows to fund its military in South Sudan, The East African, http://www.theeastafrican.co.ke/news/-Uganda-borrows--to-fund-its-military-in-South-Sudan-/-/2558/2340360/-/9vqonx/-/index.html, published and accessed June 2014.
Opinion: Agree
Comment:
Suggested score:
Opinion: Agree
Comment:
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Opinion: Agree
Comment:
Suggested score:
Are audit reports of the annual accounts of the security sector (the military, police, and intelligence services) and other secret programs provided to the legislature (or relevant committee) and are they subsequently subject to parliamentary debate?
Researcher + Peer Reviewer4110: According to Article 163(3) of the Constitution and sections 13 and 19 of the National Audit Act of 2008, the Auditor General is required to audit the accounts of all public offices. The Directorate of Central Government in the office of the Auditor General is responsible for auditing the accounts for the ministries, including the Ministry of Defence. According to Article 163(4) of the Constitution, the report must then be submitted to Parliament by March 31 each year. With these provisions in place, there is evidence that audits of the security sector have been carried out and associated reports released. Nevertheless, with respect to the Ministry of defence and other intelligence organisations, the reports remain vaguely worded and lack the necessary detail to conduct appropriate parliamentary debate. For example, the Annual Report of the Auditor General for the Year ended June 30, 2011 noted that the Ministry of Defence’s annual work plan was too vague with respect to logistical support and welfare of troops to allow for proper evaluation. It stated that recruitment and training of soldiers had taken place, but it did not specify how many were trained. Without a clear measure of indicators, the auditing process remains incomplete. The auditor general report for the year ending June 2013 makes no mention of the security sector.
1) Exclusive: leaked auditor general report exposes plunder of Uganda, Chimp Reports, http://chimpreports.com/index.php/news/5674-exclusive%3A-leaked-auditor-general%E2%80%99s-report-exposes-plunder-of-uganda.html, published August 2012, accessed June 2014. 2) Office of the Auditor General, http://www.oag.go.ug/, accessed June 2014. 3) The Office of the Auditor General of Uganda uncovers embezzlement of funds from countries including Denmark, Norway and Sweden, http://www.government.se/sb/d/9635/a/202524, published October 2012, accessed June 2014.
5) Constitution of Uganda. 1995. http://www.statehouse.go.ug/sites/default/files/attachments/Constitution_1995.pdf, accessed 05/10/2015. 6) Government of Uganda. 'National Audit Act'. 2008. http://www.oag.go.ug/wp-content/uploads/2015/06/National-Audit-Act-2008.pdf, accessed 05/10/2015.
Opinion: Agree
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Opinion: Agree
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Opinion: Agree
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Off-budget military expenditures are those that are not formally authorised within a country's official defence budget, often considered to operate through the 'back-door'. In law, are off-budget military expenditures permitted, and if so, are they exceptional occurrences that are well-controlled?
Researcher + Peer Reviewer4110: According to Chapter 9, Article 156 of the Constitution, “any moneys [that] have been expended for any purpose in excess of the amount appropriated for that purpose or for a purpose for which amount has been appropriated by that Act, a supplementary estimate showing the sums required or spent shall be laid down before Parliament and in the case of excess expenditure, within four months after the money is spent”. The Executive has made extensive use of this clause. In February and May 2014, the Finance Ministry requested two supplementary budgets of US$ 90 million and US$ 100 million respectively. These requests were filed retrospectively, after the government called upon the Article 156 clause, known as the Appropriation Bill. A similar tactic was used when the Uganda People’s Defence Forces (UPDF) were deployed to South Sudan in December 2013, and when the President spent US$ 740 million on six fighter jets in 2011 despite the fact that it risked harming the economy.
This highlights how frequent off-budget expenditures are and how poorly they are controlled by the legislature. Although on some occasions, parliamentary approval is sought beforehand, this is likely to be a formality, and the reasons for the request often remain classified. Shortly after the 2014/15 budget was proposed on 12 June 2014, the Ministry of Defence requested Parliament to approve a supplementary budget of US$ 65 million for unspecified “regional security” reasons.
1) The cost of war: Uganda borrows to fund its military in South Sudan, The East African, http://www.theeastafrican.co.ke/news/-Uganda-borrows--to-fund-its-military-in-South-Sudan-/-/2558/2340360/-/item/1/-/12fp3vn/-/index.html, published and accessed June 2014. 2) Constitution of the Republic of Uganda, 1995, http://www.parliament.go.ug/new/images/stories/constitution/Constitution_of_Uganda_1995.pdf, accessed June 2014. 3) $740m fighter jets scam sneaks under the radar, The East African, http://www.theeastafrican.co.ke/news/+740m+fighter+jets+scam+sneaks+under+the+radar/-/2558/1137840/-/3kw0g3z/-/index.html, published April 2011, accessed June 2014. 4) Ugandan MPs back military deployment in South South Sudan, Sudan Tribune, http://www.sudantribune.com/spip.php?article49575, published January 2014, accessed June 2014.
Opinion: Agree
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Opinion: Agree
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Opinion: Agree
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In practice, are there any off-budget military expenditures? If so, does evidence suggest this involves illicit economic activity?
Researcher + Peer Reviewer4110: Off-budget military expenditures are common. As mentioned in previous indicators, a process for making expenditures ahead of parliamentary approval is enshrined in the Constitution, so long as approval is then sought within four months of the expenditure. This has occurred on numerous occasions, including when US$ 740 million was spent on six fighter jets in 2011 and when 1,600 Uganda People’s Defence Forces (UPDF) troops were deployed to South Sudan in December 2013. On both these occasions, the orders to proceed with the payment and the deployment were executed prior to parliamentary approval. There is also evidence that expenditures end up serving illicit purposes. For example, UPDF officers serving in the African Union mission in Somalia (AMISOM) have been accused of selling food, weapons and training – all purchased for use by the UPDF – to Somalis. Twenty-four UPDF officers are currently on trial for this offence.
1) The cost of war: Uganda borrows to fund its military in South Sudan, The East African, http://www.theeastafrican.co.ke/news/-Uganda-borrows--to-fund-its-military-in-South-Sudan-/-/2558/2340360/-/item/1/-/12fp3vn/-/index.html, published and accessed June 2014.
2) $740m fighter jets scam sneaks under the radar, The East African, http://www.theeastafrican.co.ke/news/+740m+fighter+jets+scam+sneaks+under+the+radar/-/2558/1137840/-/3kw0g3z/-/index.html, published April 2011, accessed June 2014.
4) Ugandan MPs back military deployment in South South Sudan, Sudan Tribune, http://www.sudantribune.com/spip.php?article49575, published January 2014, accessed June 2014.
5) Museveni order fresh inquiry into UPDF Somalia theft, Daily Monitor, http://www.monitor.co.ug/News/National/Museveni-orders-fresh-inquiry-into-UPDF-Somalia-theft/-/688334/2089104/-/1473jo0/-/index.html, published November 2013, accessed June 2014.
Opinion: Agree with Comments
Comment: UPDF have also been linked with the illegal exploitation of minerals and other business interests in the DRC highlighted by successive UN Group of Experts on DRC reports and CSOs.
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Opinion: Agree
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Opinion: Agree
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In law, are there provisions regulating mechanisms for classifying information on the grounds of protecting national security, and, if so, are they subject to effective scrutiny?
Researcher + Peer Reviewer4110: The Public Finance Bill 2012, that is currently under consideration by Parliament, stipulates under section 20, subsection (2) that money appropriated for national security purposes will be marked as classified expenditure, which is to be presented as a single line item to Parliament, meaning only certain information will be submitted for scrutiny. Currently, there is no independent body able to determine which information is classified. Although the Public Procurement and Disposal of Public Assets Authority (PPDA) has some oversight over budget and procurement, it is not authorised to determine what purchases or expenditures are to be made available to the public.
In August 2013, the Committee of Internal Affairs and Defence expressed concern at the growing amount of funds being allocated to classified expenditure in the Ministry of Defence. The Committee proceeded to suggest the formation of a subcommittee tasked with the responsibility to scrutinise classified information. In the 2012/13 budget, the defence ministry was allocated a total of 127 billion Uganda shillings for classified expenditure and demanded 295 billion Uganda shillings in 2013/14. This highlights that there is currently no effective scrutiny regulating what is classified and what is not. Along with this increase came a rise in the percentage of classified expenditure items, meaning an even greater percentage of the defence budget is unaccountable to Parliament – due to secrecy reasons – in 2013/14 than in 2012/13.
Given the further increase in the defence budget for the 2014/15 financial year, it is likely that an even greater percentage of the budget – as well as funds in real terms – will be used outside of legislative scrutiny. Moreover, only limited explanations, such as vaguely stated security threats, were given by the government for the increase in the defence budget for 2014/15. Although Parliament is in theory required to investigate details of security threats for the purposes of discussing the budget, MPs are typically thwarted by high ranking defence officials who claim the information they need is classified.
Please see the 2013 assessment for additional information regarding the Information Act and the Secrecy Law (1958). Section 32 of the access to information act states that exemptions can be made for defence, security and international relations.
1) CSOs want special committee on secret budget outlay, New Vision, http://www.newvision.co.ug/news/656184-csos-want-special-committee-on-secret-budget-outlay.html, published and accessed June 2014. 2) The Public Procurement Disposal of Public Assets Authority, http://ppda.go.ug/, accessed June 2014. 3) Parliament expresses concern over classified defence expenditure, Red pepper, http://www.redpepper.co.ug/parliament-expresses-concern-over-classified-defence-expenditure/, published August 2013, accessed June 2014. 4) Security budget soars even as insecurity drops, The Observer, published August 2014, accessed November 2014, http://observer.ug/index.php?option=com_content&view=article&id=33361:security-budget-soars-even-as-insecurity-drops&catid=57:feature&Itemid=69. 5) Information Act and the Secrecy Law (1958) 6) http://www.freedominfo.org/regions/africa/uganda/
Opinion: Agree
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Opinion: Agree
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Opinion: Agree
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Do national defence and security institutions have beneficial ownership of commercial businesses? If so, how transparent are details of the operations and finances of such businesses?
Researcher + Peer Reviewer4110: National defence and security organisations are involved in private commercial business activity, but in many cases, these are not transparent or even legal. The Uganda People’s Defence Forces (UPDF) are widely reported to have been involved in illegal minerals smuggling from the Democratic Republic of Congo (DRC). These activities are likely to have been financed through UPDF budgetary channels, likely within the classified expenditures sections. Several UPDF officers have also been found to be linked to a company called Trinity Investments Limited, which was involved in the export of gold and other commodities without paying taxes. Moreover, in February 2014, Human Rights Watch reported that UPDF officers stationed in Uganda’s Karamoja region were exploiting gold mines in the area for personal profit. Spouses and female officers of the police and UPDF in May 2014 also received 1.5bn Ugandan shillings (£350,000) from the government to initiate large-scale agricultural production in an effort to inject new energy and innovation into the country's wider agricultural sector. Funds were released prior to June 2014, and large-scale production has not yet commenced.
Further, the military owns commercial businesses and conducts business through its commercial arm, known as the National Enterprise Corporation (NEC). For example, the UPDF owns Luwero industries, which manufactures bullets and other military equipment. According to the National Enterprise Corporation Act 1989 the NEC's accounts much be audited by the Auditor General after year financial year. It is not clear whether findings are expected to be made public.
See the 2013 assessment for additional information regarding &quoute;Wazalendo&quoute;.
1) Military-owned businesses: corruption and risk reform, http://archive.ti-defence.org/publications/997-military-owned-businesses--corruption-and-risk-reform, accessed June 2014.
2) How can we survive here? Human Rights Watch, http://www.hrw.org/sites/default/files/reports/uganda0214_ForUpload.pdf, published February 2014, accessed June 2014.
3) Salim Saleh's Saracen training militia in Somalia, The East African, http://www.theeastafrican.co.ke/news/-/2558/1070662/-/ol5q9rz/-/index.html, published December 2010, accessed June 2014.
4) Ugandan Salim Saleh's mercenaries allegedly involved in DRC, AfroAmerica Network, http://www.afroamerica.net/AfricaGL/2012/04/22/ugandan-salim-salehs-mercenaries-allegedly-involved-in-drc//index.html, published April 2012, accssed June 2014.
5)UPDF gets Sh1.5bn for agricultural production, New Vision, published May 2014, accessed November 2014, http://www.newvision.co.ug/news/655969-updf-gets-sh1-5bn-for-agricultural-production.html.
6) Maj Gen Mugira named new UPDF business wing boss, Daily Monitor, http://www.monitor.co.ug/News/National/General-Mugira-new-UPDF-business-wing-boss/-/688334/2701722/-/46emymz/-/index.html, published April 2015, accessed July 2015.
7) The National Enterprise Corporation Act 1989, http://www.ulii.org/ug/legislation/consolidated-act/312, accessed July 2015.
Opinion: Agree with Comments
Comment: Senior UPDF officers may also have private low level commercial interests such as owning bars and hotels.
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Opinion: Agree
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Opinion: Agree
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Are military-owned businesses subject to transparent independent scrutiny at a recognised international standard?
Researcher + Peer Reviewer4110: Although, according to the Constitution, the Auditor General is mandated to audit all expenditures associated with the defence and other departments, including classified expenditure, this does not extend to the private sector, even in the case of military-owned businesses. A Linkedin profile confirms that Saracen, a private security company owned by the Uganda People’s Defence Forces (UPDF)’s General Salim Saleh, employs an internal audit manager, though there is no evidence to suggest this follows independent or recognized international auditing standards. Reports that Trinity Investments Limited, a company associated with several UPDF officers, allegedly did not pay taxes, suggest that the scrutiny of military-owned businesses is limited.
1) Office of the Auditor General, http://www.oag.go.ug/index.php?option=com_content&view=article&id=5&Itemid=6, accessed June 2014. 2) George Ngugi Ngigi Linkedin profile, http://ug.linkedin.com/pub/george-ngugi-ngigi/27/318/1bb, accessed June 2014. 3) Military-owned businesses: corruption and risk reform, http://archive.ti-defence.org/publications/997-military-owned-businesses--corruption-and-risk-reform, accessed June 2014.
Opinion: Agree
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Opinion: Agree
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Opinion: Agree
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Is there evidence of unauthorised private enterprise by military or other defence ministry employees? If so, what is the government's reaction to such enterprise?
Researcher + Peer Reviewer4110: The Uganda People’s Defence Forces Act (UPDF) 2005 states that “Officers and militants of the Defence forces may be attached or seconded to any department or agency of the Government, any public or private institution, private industry or any other body” and that in doing so, they would continue to be full fledged members of the defence forces. In this sense, private enterprise by members of the defence forces is not unauthorised. However, UPDF members are reported to have engaged in several illegal private activities at home and abroad. For example, the UPDF was accused of illegally selling arms, food and training to Somalis in 2013, while other members are reportedly engaged in illegal mining activities in Karamoja region. The majority of the reports are not investigated or followed up by the relevant authorities. However, in cases where media attention is heightened, such as the case of UPDF soldiers selling food in Somalia, the government has appeared to have taken action. For example, 24 UPDF soldiers are currently undergoing court martial for their offences in Somalia. This highlights the lack of impunity for defence personnel engaging in illegal private business activity. The UPDF in fact has long been accused of involvement in the exploitation of minerals in neighbouring Democratic Republic of Congo, an activity that is believed to be sanctioned by the government.
1) The Uganda People's Defence Forces Act 2005, http://www.icrc.org/applic/ihl/ihl-nat.nsf/0/34C18819BB7C4DFFC12573750032B4CE, accessed June 2014. 2) How can we survive here? Human Rights Watch, http://www.hrw.org/sites/default/files/reports/uganda0214_ForUpload.pdf, published February 2014, accessed June 2014. 3) 20 UPDF officers face court over food theft, Daily Monitor, http://www.monitor.co.ug/News/National/20-UPDF-officers-face-court-over-food-theft/-/688334/1993648/-/ho4303z/-/index.html, published September 2013, accessed June 2014. 4) UN resumed DRC sanctions, wants M23 arrested, Red pepper, http://www.redpepper.co.ug/un-resumes-drc-sanctions-wants-m23-leaders-arrested/, published February 2014, accessed June 2014.
Opinion: Agree
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Opinion: Agree
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Opinion: Agree
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Do the Defence Ministry, Defence Minister, Chiefs of Defence, and Single Service Chiefs publicly commit - through, for example, speeches, media interviews, or political mandates - to anti-corruption and integrity measures?
Researcher + Peer Reviewer4110: Although Uganda espoused a zero tolerance approach to corruption in 2006, this rhetoric has largely died down since then, and there is limited public talk of anti-corruption reform in government in general, and in the defence sector in particular. In fact, an interviewee reported that the opposition is likely to campaign on an anti-corruption platform in the 2016 general elections, as it would contrast sharply with the lack of anti-corruption initiatives spearheaded by the current regime in recent years. The President's overarching influence on Uganda's institutions suggests that without the executive driving an anti-corruption reform agenda, other ministries, including the ministry of defence, are unlikely to take the lead. Moreover, evidence suggests the Ministry of Defence is unlikely to possess the political will to lead on anti-corruption reform. For example, legislators including members of the Committee for Defence and Internal Affairs, have indicated that the classified expenditures within the defence ministry are likely to be used by members of the ministry to siphon public funds for corrupt purposes. Although the Defence Minister is reported in the media to have occasionally mentioned his support for the fight against corruption, he has made few specific claims that he will make anti-corruption a priority in the future. Additionally, in a December 2011 interview, the Chief of Military Doctrine for the Uganda People’s Defence Forces (UPDF), spoke out against corruption without however outlining any coherent strategy the UPDF espouses.
1) Interview with Source 1, shadow government official, interview October 2013.
2) Opinion: Corruption in Uganda is not about to end, The Independent, http://www.independent.co.ug/ugandatalks/2011/07/opinion-corruption-in-uganda-is-not-about-to-end/, published July 2011, accessed June 2014.
3) Parliament expressed concern over classified defence expenditure, Red Pepper, http://www.redpepper.co.ug/parliament-expresses-concern-over-classified-defence-expenditure/, published August 2013, accessed June 2014.
4) Ten countries for DRC Peacekeeping - Kiyonga, New Vision, http://www.newvision.co.ug/news/637854-ten-countries-for-drc-peacekeeping-kiyonga.html, published December 2012, accessed June 2014. 5) Army general speaks out on corruption, Dispatch, http://www.dispatch.ug/army-general-speaks-out-on-corruption/3526/, published December 2011, accessed June 2014. 3) Leadership Code Act, 2002, http://www.assetrecovery.org/kc/node/538468aa-5c9d-11dd-bd89-e1da50544b18.2, accessed June 2014.
Opinion: Disagree
Comment: There is some evidence of tackling corruption and improving integrity in the security organs. Rhetoric abounds about the integrity of the UPDF in speeches and interviews by ranking defence officials. The appointment of General Wamala as Chief of Defence Force is a move to consolidate the profesisonalisation of the UPDF. Gen Wamala is widely respected within the military and leads by example. Similarly the move to appoint General Kale Kayihura as Inspector General of Police is intended not only to have a loyalist at the head of an important security agency but also to professionalise it. The other points made by the author are salient though.
Suggested score: 2
Opinion: Agree
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Opinion: Agree
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Are there effective measures in place for personnel found to have taken part in forms of bribery and corruption, and is there public evidence that these measures are being carried out?
Researcher + Peer Reviewer4110: Uganda has relatively strong anti-corruption legislation on paper. For example, a court martial system exists for Uganda People’s Defence Forces (UPDF) found to have violated Uganda’s laws, including corruption. For example, 24 UPDF officers are currently on trial for illegally selling food and weapons in 2013 during their deployment to the African Union mission in Somalia (AMISOM). This is covered widely in the media. However, a number of other allegations against the defence sector have not been investigated, and no high ranking official has to date been prosecuted. For example, “ghost soldiers” – or non-existent officers on the payroll – collecting pay led the government to lose an estimated US$ 324 million over the course of 20 years. However, no high profile convictions have occurred, suggesting the measures in place against corruption are not implemented despite legislation existing on paper.
1) The Uganda People's Defence Forces Act 2005, http://www.icrc.org/applic/ihl/ihl-nat.nsf/0/34C18819BB7C4DFFC12573750032B4CE, accessed June 2014. 2) 20 UPDF officers face court over food theft, Daily Monitor, http://www.monitor.co.ug/News/National/20-UPDF-officers-face-court-over-food-theft/-/688334/1993648/-/ho4303z/-/index.html, published September 2013, accessed June 2014. 3) Opinion: high-profile corruption scandals that have rocked Uganda since 1986, Uganda Diaspora News, http://www.ugandandiasporanews.com/2013/02/26/opinion-high-profile-corruption-scandals-that-have-rocked-uganda-since-1986/, published February 2013, accessed June 2014.
Opinion: Agree
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Opinion: Agree
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Opinion: Agree
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Is whistleblowing encouraged by the government, and are whistle-blowers in military and defence ministries afforded adequate protection from reprisal for reporting evidence of corruption, in both law and practice?
Researcher + Peer Reviewer4110: Whistleblowing is ostensibly encouraged by the government, which in 2010 passed the Whistleblowers Protection Act. The act is intended to protect individuals who report corrupt practices. It applies to individuals in both the public and private sectors who wish to disclose evidence of impropriety both internally and externally. It also waives penalties for the disclosure of secret information, suggesting that in theory, whistle-blowers in the defence sector would be covered by this act.
In practice, the most high profile defence member to act as alleged whistle-blower was the former intelligence coordinator who in April 2013 leaked a letter to the press alleging that the President was planning to place his son at the helm of the country in a dynastic succession. In response, Ugandan police arrested at least two activists and used teargas to disperse others protesting against the government's seizure of a newspaper that published an army general's letter about an alleged plot for the president's son to succeed him. Police said they would leave the newspaper's premises only after getting a copy of the letter in which General David Sejusa urged the internal security service to investigate reports that those opposed to the political rise of President Yoweri Museveni's son risk assassination. More than two weeks after Sejusa's letter was leaked Museveni announced changes in the military that saw army chief General Aronda Nyakairima and his deputy ousted. Nyakairima, who had been cited in Sejusa's letter among those opposed to the rise of the first son, was given a civilian post as interior minister. His deputy, Lt Gen Ivan Koreta, was made an ambassador.
However, this case is not necessarily indicative of the Act, which does not protect people who leak information directly to the press. Despite the promulgation of the Act and frequent reporting of corruption, the lack of public understanding of the Act limits its effectiveness because the public is not aware of where it can go to report offences and many fear that reporting them will expose them to negative consequences such as harassment by the officials they report.
Uganda has yet to pass the related Witness Protection Bill, which aims to protect witnesses in court. The bill was first tabled in 2012, but is likely to have been delayed due to the government prioritising more populist legislation such as anti-homosexuality related bills - which are widely supported by the public - or oil and gas legislation. With the general elections approaching in 2016, the ruling party likely prefers to focus government efforts on these highly visible reforms that will stand them in good stead with voters.
Moreover, the office of the Inspector General (IG) lacks capacity to deal with all the whistle blowing cases it receives. For example, it received 2,876 new cases in 2013, 327 of which were referred to other agencies for investigation. The outcome of these cases remains unclear, though the continued lack of prosecution of high-level government officials for corruption suggests they may not be seriously investigated. The IG also allegedly suffers from corruption in its own ranks, limiting its credibility in investigating cases.
1) Uganda: letting the big fish swim, Human Rights Watch, http://allafrica.com/stories/201310211074.html?viewall=1, published October 2013, accessed June 2014. 2) Uganda: IGG must work with, protect whistleblowers, The Independent, http://allafrica.com/stories/201406030496.html?viewall=1, published May 2013, accessed June 2014. 3) Witness protection bill in the offing, New Vision, http://www.newvision.co.ug/D/8/16/761783, published August 2011, accessed June 2014. 4) Gen Tinyefuza return takes fresh twist, Chimp Reports, http://chimpreports.com/index.php/news/9974-gen-tinyefuza-return-takes-fresh-twist.html, published May 2013, accessed June 2014. 5) Business anti-corruption portal, Ugandan Judicial System, http://www.business-anti-corruption.com/country-profiles/sub-saharan-africa/uganda/show-all.aspx, accessed November 2014.
4) Ugandan police make arrests at protest over seizure of newspaper, The Guardian, 28 May 2013, http://www.theguardian.com/world/2013/may/28/ugandan-police-protests-seizure-newspaper
Opinion: Agree
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Opinion: Agree
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Opinion: Agree
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Is special attention paid to the selection, time in post, and oversight of personnel in sensitive positions, including officials and personnel in defence procurement, contracting, financial management, and commercial management?
Researcher + Peer Reviewer4110: There is some special attention paid to personnel in sensitive positions. For example, the Public Procurement and Disposal of Public Assets Act 2003 stipulates that the Minister of Finance can terminate a member of the procurement board for offenses such as corruption and incompetence. Similarly, the board can terminate the executive director for the same offenses. According to the same document, the defence and security organs are mandated to comply with the Act and its provisions. However, there is no publicly available information that the Ministry of Defence and the Armed forces comply with these provisions in practice. Additionally, the Act does not stipulate a process of selection for procurement positions.
The Public Procurement and Disposal of Public Assets Act 2003 also stipulates, in section 93(1) that public procurement officers must sign the Code of Ethical Conduct. (The above provisions are stipulated under section 16(1) and 17(4) respectively).
The Uganda People’s Defence Forces (UPDF) Act of 2005 stipulates that command appointments within the UPDF are made by the Battalion Commander or the President in consultation with the Chief of Defence Forces. Source 7 indicates that the President is the ultimate arbiter of military dynamics, and is likely to make unilateral decisions based on a need to ensure personal loyalties. In the lower ranks, the UPDF Act stipulates that the unit commander makes the appointments in consultation with the military Chief of Staff. Source 6 reports that a significant number of sensitive positions in the military and elsewhere have been filled unilaterally by the President, allegedly increasingly individual support among a younger generation of intelligence and defence professionals, as well as to divide various defence offices from each other to prevent them from functioning without him, as indicated by Source 1. In this way he is able to keep final control over these institutions. Within this context, the selection and time in office of personnel in sensitive positions is likely to be arbitrary or according to the president's personal political interests.
Evidence also shows wider vetting procedures are slow and inadequate. For example, media reported that the President appointed a General as Minister of Internal Affairs in May 2013 without undergoing the standard vetting procedures. Parliament suspended the vetting in June 2013 due to constitutional constraints. According to the Constitution, army officers must first be discharged from the military before taking up public office. The Minister of Internal Affairs has remained in post despite these issues.
1) The Uganda People's Defence Forces Act 2005, http://www.icrc.org/applic/ihl/ihl-nat.nsf/0/34C18819BB7C4DFFC12573750032B4CE, accessed June 2014.
2) Parliament suspends Aronda vetting, Chimp Reports, http://chimpreports.com/10986-parliament-suspends-aronda-vetting/, published June 2013, accessed June 2014.
3) Interview with Source 1, shadow government official, interviewed October 2013.
4) Interview with Source 6, political risk analyst, interviewed October 2013.
5) Interview with Source 7, academic specialised in Uganda, interviewed October 2013.
6) The Public Procurement and Disposal of Public Assets Act 2003, http://opm.go.ug/assets/media/resources/365/The_Public_Procurement_And_Disposal_Of_Public_Assets_Act,_2003.pdf, accessed July 2015.
Opinion: Agree
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Opinion: Agree
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Opinion: Agree
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Is the number of civilian and military personnel accurately known and publicly available?
Researcher + Peer Reviewer4110: No specific figures are available, but the Ugandan army is estimated to number approximately 45,000 troops. Reports by the Auditor General, tasked with overseeing the defence budget, indicated that the Uganda People’s Defence Forces (UPDF) is consistently vague about its activities, resulting in budget reports that cannot be accurately assessed. For example, the Auditor General has complained that although the UPDF mentions that it recruited and trained new officers, if fails to mention how many or give exact figures. Although the number of troops deployed to specific missions is sometimes released to the media, there are no public figures indicating the exact size of the army.
1) Office of the Auditor General, http://www.oag.go.ug/, accessed June 2014. 2) Ugandan military strength, Global Fire Power, http://www.globalfirepower.com/country-military-strength-detail.asp?country_id=uganda, accessed June 2014. 3) 700 UPDF to join regional force, Daily Monitor, http://www.monitor.co.ug/News/National/700-UPDF-to-join-regional-force/-/688334/2365128/-/2jn1xm/-/index.html, published and accessed June 2014.
Opinion: Agree
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Opinion: Agree
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Opinion: Agree
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Are pay rates and allowances for civilian and military personnel openly published?
Researcher + Peer Reviewer4110: Personnel salaries are openly published, while notifications of pay increases and other remuneration are released to the media. Salaries and allowances made by Ugandan People’s Defence Forces (UPDF) soldiers deployed abroad, for example serving with the African Union mission in Somalia (AMISOM) are also published. According to figures released in the media in August 2013, the lowest paid soldier in the UPDF, a private earns 310,000 Ugandan shillings per month, while the highest paid, a General, earns 1,600,000 Ugandan shillings.
1) Government increases pay for UPDF soldiers, Daily Monitor, http://www.monitor.co.ug/News/National/Government-increases-pay-for-UPDF-soldiers/-/688334/1965236/-/12i6e3xz/-/index.html, published August 2013, accessed June 2014.
2) Somalia: UPDF bosses in trouble over soldiers allowances, Red Pepper, http://www.redpepper.co.ug/somalia-updf-commander-in-trouble-over-soldiers-allowances/, published July 2013, accessed June 2014.
3) UPDF refutes published salary structure, Chimp Reports, http://chimpreports.com/updf-refutes-published-salary-structure/, published November 2014, accessed July 2015.
Opinion: Agree
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Opinion: Agree
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Opinion: Agree with Comments
Comment: There is a lack of transparency on pay rates and indeed allowances. Although indeed the pay rates are released there is discrepancy as to whether that is the actual amount the people mentioned take home. For instance, the State House released salaries for officials with figures going up to 96 million Ugandan shillings for some people. This was later revised as parliamentarians and the public were alarmed at the high wages these officials were being paid (see: http://independent.co.ug/news/news-analysis/9164-state-house-salaries). Thus there is a lingering suspicion that what is declared is far from what the people take home as pay rates.
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Do personnel receive the correct pay on time, and is the system of payment well-established, routine, and published?
Researcher + Peer Reviewer4110: The system of payment, involving direct bank transfers from the central bank, is occasionally published in the media. For example, when the government in 2013 awarded a 4% pay rise to the military, the salaries of each rank was detailed in the local Daily Monitor newspaper. Moreover, the Uganda People's Defence Forces Act of 2005 details the guidelines and procedures of payment under sections 70 and 71. However, there is evidence of late payments occurring over the past two years. For example, in August 2013 around 1,000 Uganda People’s Defence Forces (UPDF) soldiers gathered outside the UPDF Savings and Credit Cooperative to protests the delayed payment of their allowances from participation in the African Union mission in Somalia (AMISOM). The protest came after only 348 out of 2,100 soldiers had been paid after four days from the planned date of the allowance payment. An army spokesman blamed the delay on bureaucratic procedures. In June 2014, local news reported that thousands of government employees, including soldiers, had gone several months without receiving their monthly salaries. According to the Finance Ministry, this was a result of an ongoing effort in the ministry to clean up the salaries register following years of reports of ‘ghost employees’, the latest figure from June 2014 being at 8,000 non-existent employees on the payroll. Nevertheless, the payment of soldiers is unlikely to see consistent and lengthy delays as this would be likely to cause widespread discontent and related protests. Source 6 assessed that the president has been increasingly concerned about losing control over the military, who he fears may perpetrate a coup. Failure to pay UPDF salaries or allowances would increase this threat. Given there have been two known occasions of late payments within the span of a year, score 1 has been selected.
1) UPDF soldiers protest unpaid Somalia mission allowances, Daily Monitor, http://www.monitor.co.ug/News/National/UPDF-soldiers-protest-unpaid-Somalia-mission-allowances/-/688334/2085682/-/js2ddez/-/index.html published November 2013, accessed June 2014.
2) Uganda: Govt salary delays a ticking time bomb, Daily Monitor, http://allafrica.com/stories/201406110209.html, published and accessed June 2014.
3) Source 6, a political risk analyst, interviewed October 2013.
4) Source 7, academic specialised in Uganda, interviewed October 2013.
5) Uganda People's Defence Forces Act 2005, http://www.ulrc.go.ug/ulrcsite/sites/default/files/Downloads/Laws%20of%20Uganda/Laws%20of%20Uganda%20-%202001%20-2006/U.P.D.F%20Act%202005.pdf, accessed July 2015.
6) Government increases pay for UPDF soldiers, Daily Monitor, http://www.monitor.co.ug/News/National/Government-increases-pay-for-UPDF-soldiers/-/688334/1965236/-/12i6e3xz/-/index.html, published August 2013, accessed July 2015.
Opinion: Agree
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Opinion: Agree
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Opinion: Agree
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Is there an established, independent, transparent, and objective appointment system for the selection of military personnel at middle and top management level?
Researcher + Peer Reviewer4110: The Uganda People’s Defence Forces (UPDF) Act of 2005 stipulates that command appointments within the UPDF are made by the Battalion Commander or the President in consultation with the Chief of Defence Forces. The Act also provides for a Commissions Board mandated to &quoute;give advice to the President in respect of appointment of persons to commissions in the Defence Forces&quoute;. However, the board is made up entirely of defence personnel, and is not independent of the institution. Job descriptions for high-ranking appointments do not appear to be published.Additionally, aside from what is set out in the UPDF Act of 2005, there does not appear to be further evidence of an established appointments system.
Additionally, evidence exists suggesting the UPDF lacks independence from the President, who is free to make appointments at all levels at will. Reports also show the president is suspected of favouring members of his Western region for important posts, though evidence suggests this practice is declining.
Evidence suggests the President is increasingly appointing a younger generation of officers to positions they are not necessarily qualified for. For example, in August 2012 his son Muhoozi was promoted to Brigadier despite having served only 12 years in the military. By contrast, media commentary indicates an average of 20 years for other serving officers to have reached a similar level. Reports also suggest that many officers who fought alongside Museveni in the bush war that brought him to power in 1986 are increasingly disgruntled because they have not received promotions in years, while a younger generation is bypassing them. This system is believed to promote individual, rather than regional, loyalties to the President, whereby the younger officers owe their positions, and therefore their loyalty, solely to the President and not to individual merit.
1) The Uganda People's Defence Forces Act 2005, http://www.icrc.org/applic/ihl/ihl-nat.nsf/0/34C18819BB7C4DFFC12573750032B4CE, accessed June 2014.
2) The rise and rise of Museveni's son, The East African, http://www.theeastafrican.co.ke/news/The+rise+and+rise+of++Museveni+son/-/2558/1489408/-/tc2cvd/-/index.html, published August 2012, accessed June 2014.
3) Aronda: MPs attack 'tribal' Museveni, The Observer, http://www.observer.ug/index.php?option=com_content&view=article&id=26156:aronda-mps-attack-tribal-museveni&catid=78:topstories&Itemid=116, published June 2013, accessed June 2014.
4) Uganda's Museveni moves to consolidate grip over a tense country, World Politics Review, http://www.worldpoliticsreview.com/articles/13035/uganda-s-museveni-moves-to-consolidate-grip-over-a-tense-country, published June 2013, accessed June 2014.
Opinion: Agree
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Opinion: Agree
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Opinion: Agree
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Are personnel promoted through an objective, meritocratic process? Such a process would include promotion boards outside of the command chain, strong formal appraisal processes, and independent oversight.
Researcher + Peer Reviewer4110: The system of promotions at the top levels of the military is not transparent or independent of the President's unilateral decisions. Although the Uganda People’s Defence Forces (UPDF) Act of 2005 states that a commission board and a unit promotion board are tasked with promoting officers, and that officers must undergo promotions examinations after the completion of the requisite courses, there is evidence to suggest these procedures are not followed, particularly in the more senior ranks. Such committees would in fact be undermined by Source 1's report that senior officers from different service lines are discouraged and sometimes prevented from meeting each other in case they do so to discuss plans to undermine the President's position.
A range of reports point to a tactic of increasingly alienating an older generation of officers in favour of a younger generation that can rise alongside the Presiden'ts son. This has sidestepped traditional patterns of promotions within the armed services, and it has resulted in many younger officers rising above older, more experienced ones. Source 6 has commented that more traditional patterns of promotion followed seniority - or the length of time an officer had been in the army - and regionalism. However, they stated that this tactic also lacked a meritocratic basis as it favoured those who had fought alongside Museveni in the bush war that brought him to power in 1986, rather than skills or leadership qualities. It also favored officers from the Western region as the president has typically preferred to surround himself with individuals with whom he has a regional connection.
1) The rise and rise of Museveni's son, The East African, http://www.theeastafrican.co.ke/news/The+rise+and+rise+of++Museveni+son/-/2558/1489408/-/tc2cvd/-/index.html, published August 2012, accessed June 2014.
2) Aronda: MPs attack 'tribal' Museveni, The Observer, http://www.observer.ug/index.php?option=com_content&view=article&id=26156:aronda-mps-attack-tribal-museveni&catid=78:topstories&Itemid=116, published June 2013, accessed June 2014.
3) Uganda's Museveni moves to consolidate grip over a tense country, World Politics Review, http://www.worldpoliticsreview.com/articles/13035/uganda-s-museveni-moves-to-consolidate-grip-over-a-tense-country, published June 2013, accessed June 2014.
4) The Uganda People's Defence Forces Act 2005, http://www.icrc.org/applic/ihl/ihl-nat.nsf/0/34C18819BB7C4DFFC12573750032B4CE, accessed June 2014.
5) Interview with Source 1, shadow government official, interviewed October 2013.
6) Interview with Source 6, political risk analyst, interviewed October 2013.
Opinion: Agree
Comment:
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Opinion: Agree
Comment:
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Opinion: Agree with Comments
Comment: The promotion of Museveni's son highlights the lack of meritocracy in the army. Promotion and retirement is done at the whim of the President (see: http://www.independent.co.ug/ugandatalks/2011/09/museveni%E2%80%99s-son-muhoozi-promoted-to-colonel/). For instance the promotion of Captain Alupo to major in an instant as reported in the independent shows the lack of meritocracy in the army (http://www.independent.co.ug/cover-story/8044-how-museveni-uses-the-army).
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Where compulsory conscription occurs, is there a policy of not accepting bribes for avoiding conscription? Are there appropriate procedures in place to deal with such bribery, and are they applied?
Researcher + Peer Reviewer4110: Compulsory conscription does not occur in Uganda.
1) Central Intelligence Agency, The World Factbook, Uganda, Military service age and obligation, https://www.cia.gov/library/publications/the-world-factbook/geos/ug.html, accessed June 2014.
Opinion: Agree
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Opinion: Agree
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Opinion: Agree
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With regard to compulsory or voluntary conscription, is there a policy of refusing bribes to gain preferred postings in the recruitment process? Are there appropriate procedures in place to deal with such bribery, and are they applied?
Researcher + Peer Reviewer4110: Uganda does not have mandatory or voluntary conscription. All soldiers entering the UPDF do so voluntarily.
There is a wider risk of corruption to gain preferred postings however. Despite provisions in the Uganda People’s Defence Forces (UPDF) Act of 2005 prohibiting any form of corruption, reports indicate that soldiers have paid bribes to attain specific positions. In particular, bribes have exchanged hands within the UPDF to deploy soldiers to the African Union mission in Somalia (AMISOM). This is a lucrative mission because soldiers are paid over $700 per month, in contrast to less than $120 a month’s salary for a private in the regular army.
1) UPDF Somalia losses at 150, but officials maintain only 75 have died, The Observer, http://observer.ug/index.php?option=com_content&view=article&id=18559:updf-somalia-losses-at-150-but-officials-maintain-only-75-have-died, published May 2012, accessed June 2014. 2) The Uganda People's Defence Forces Act 2005, accessed June 2014. 3) Government increases pay for regular soldiers, Daily Monitor, http://www.monitor.co.ug/News/National/Government-increases-pay-for-UPDF-soldiers/-/688334/1965236/-/12i6e3xz/-/index.html, published August 2013, accessed June 2014.
Opinion: Agree
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Opinion: Agree
Comment:
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Opinion: Agree
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Is there evidence of 'ghost soldiers', or non-existent soldiers on the payroll?
Researcher + Peer Reviewer4110: The government is estimated to have lost a total of US$ 324 million over the course of 20 years as a result of ‘ghost soldiers’ on the payroll. The scandal was first uncovered in 2003, after which the President set up a commission of inquiry to address the problem. Nevertheless, further scandals were uncovered in 2007, when 3,000 ghost soldiers were discovered during a payroll cleanup exercise. This is likely to have caused the Ministry of Defence to introduce the nationwide computer system that now keeps track of the payroll, and no new cases of ghost soldiers have been reported, though cases of ghost workers in other sectors continue to emerge. However, efforts to address payroll discrepancies throughout the government remain sluggish, creating further opportunities for ghost employees or soldiers to remain on payrolls.
1) Opinion - high profile corruption scandals that have rocked Uganda since 1986, Uganda diaspora news, http://www.ugandandiasporanews.com/2013/02/26/opinion-high-profile-corruption-scandals-that-have-rocked-uganda-since-1986/, published February 2013, accessed June 2014.
2) Uganda: army attempts to purge 'ghost soldiers', IRIN News, http://www.irinnews.orgwww.irinnews.org/report/47529/uganda-army-attempts-to-purge-ghost-soldiers, published December 2003, accessed June 2014.
3) Uganda: Ghost workers probe welcome, The Observer, http://allafrica.com/stories/201405300306.html, published May 2014, accessed June 2014.
4) Uganda: UPDF commanders confess to existance of ghost soldiers, The Independent, http://allafrica.com/stories/200911200656.html, published October 2009, accessed June 2014.
5)AC3,000 ghost soldiers discovered in UPDF, New Vision, http://www.newvision.co.ug/D/8/13/565889, published May 2007, accessed June 2014.
Opinion: Agree
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Opinion: Agree
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Opinion: Agree
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Are chains of command separate from chains of payment?
Researcher + Peer Reviewer4110: Chains of command and chains of payment are generally separate, with salaries for soldiers and other employees being paid directly into individuals’ bank accounts through the central bank, though the Ministry of Defence is responsible for facilitating payment. However, there does not appear to be any published policy that specifically regulates this practice. In fact, media reports suggest that soldiers deployed to Somalia receive their payments in the form of allowances, which are issued by the European Union and African Union, but are handled by the UPDF before reaching the soldiers. There have been several instances over the past years where soldiers received their pay up to six months late, while some soldiers have reported that a part of their salaries were siphoned by UPDF officials despite this being a breach of contract. These incidents suggest chains of command within the UPDF do exert some influence over the chains of payment.
According to the Uganda People’s Defence Forces Act, 2005, defence forces on secondment are not entitled to receive pay from the Ministry of Defence during the period of their secondment, though the Ministry may facilitate payment. The exception to this is when an officer is simultaneously a defence forces representative in Parliament, in which case the individuals can opt to receive payment either from parliament or the defence forces.
1) Somalia: UPDF boss in trouble over soldiers allowances, Red Pepper, http://www.redpepper.co.ug/somalia-updf-commander-in-trouble-over-soldiers-allowances/, published July 2013, June 2014.
2) Uganda People's Defence Forces Act 2005, http://www.icrc.org/applic/ihl/ihl-nat.nsf/0/34C18819BB7C4DFFC12573750032B4CE, accessed June 2014.
3) UPDF Somalia troops not paid for six months, The Observer, http://observer.ug/index.php?option=com_content&view=article&id=33409:-updf-somalia-troops-not-paid-for-six-months&catid=34:news&Itemid=114, published August 2014, accessed November 2014.
4) UPDF soldiers in Somalia not paid for months, The Observer, http://www.observer.ug/index.php?option=com_content&view=article&id=17721:-updf-soldiers-in-somalia-not-paid-for-months, published March 2012, accessed November 2014.
Opinion: Agree
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Opinion: Agree
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Opinion: Agree
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Is there a Code of Conduct for all military and civilian personnel that includes, but is not limited to, guidance with respect to bribery, gifts and hospitality, conflicts of interest, and post-separation activities?
Researcher + Peer Reviewer4110: The Uganda People’s Defence Forces Act of 2005 (schedule 7) provides for a Code of Conduct to be followed by all UPDF personnel. Provisions include, among others, prohibitions against stealing property and insulting the public. They do not mention guidelines regarding bribery, gifts and hospitality, conflicts of interest or post-separation activities. The Leadership Code Act likewise does not make overt stipulations against corruption or bribery, though it does have an oversight mechanism, in the form of an Inspector General mentioned in the original response.
There is evidence of codes of conduct not being enforced or observed. For example, Human Rights Watch in September 2014 accused Ugandan troops in Somalia of sexual offenses, despite the UPDF Act 2005 stating that troops shall not engage in abuses against civilians.The Uganda People’s Defence Forces Act of 2005 states that all forms of corruption are prohibited. However, the act does not specify what constitutes corruption, causing it to lack clarity and specificity. According to the Leadership Code Act of 2002, the Inspector General of Government (IGG) is tasked with ensuring UPDF officers do not have corrupt influence or have entered into a corrupt agreement with any public or private body. Moreover, all senior officers are required to declare their wealth to the IGG, in accordance with the code. However, there appears to be little control on the application of the code, which has allegedly been applied without fair trial, or in ways that were disproportionate to the offence. Moreover, the IGG itself has faced allegations of corruption, somewhat undermining its credibility as corruption watchdog.
1) Uganda People's Defence Forces Act 2005, http://www.icrc.org/applic/ihl/ihl-nat.nsf/0/34C18819BB7C4DFFC12573750032B4CE, accessed June 2014.
2) Leadership Code Act, 2002, http://www.igg.go.ug/static/files/publications/leadership-code-act.pdf, accessed June 2014.
3) Leadership code: UPDF orders officers to declare wealth, NTV, http://ntvuganda.co.ug/top-stories/leadership-code-updf-orders-officers-to-declare-wealth/, published January 2014, accessed June 2014.
4) Gen Aronda on the spot over UPDF desertions, Chimp Reports, http://chimpreports.com/index.php/mobile/news/9775-gen-aronda-on-the-spot-over-updf-desertions.html, published May 2013, accessed June 2014.
5) Investigation: inside IGG bribery scandal, Chimp Reports, http://chimpreports.com/index.php/mobile/special-reports/18177-investigation-inside-igg-bribery-scandal.html, published March 2014, accessed June 2014.
6) UPDF must deal with indiscipline, The Observer, http://www.observer.ug/viewpoint/editorial/33768-updf-must-deal-with-indiscipline, published September 2014, accessed July 2015.
Opinion: Agree
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Opinion: Agree
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Opinion: Agree
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Is there evidence that breaches of the Code of Conduct are effectively addressed ,and are the results of prosecutions made publicly available?
Researcher + Peer Reviewer4110: There is evidence to suggest that breaches of the code of conduct are addressed in some cases. For example, when 24 Uganda People’s Defence Forces (UPDF) soldiers were accused of illegally selling food and fuel to civilians in Somalia they were recalled to Uganda for court martial. The trial is ongoing, and is routinely covered in the media. However, it appears that the code of conduct is most frequently called upon to convict individuals who have offended the state, rather than to prosecute those who may have been involved in corruption. For example, in January 2013, the government asked for a Brigadier to be convicted for making &quoute;offensive remarks&quoute; on a talk show in 2005. He was accused of spreading propaganda in violation of the Uganda People’s Defence (UPDF) Act of 2005. The government deemed his statements to be prejudicial to good order and discipline. The extremely vague nature of the accusations suggest they may have been politically motivated rather than driven by a genuine crime. In another incident, Minister of Internal Affairs accused the former chief of intelligence (a General) in May 2013 of breaching the UPDF code of conduct by making what he called ‘false statements’ in the media. These are likely to have referred to the latter's accusations in April 2013 that the President is attempting to engineer a dynastic succession. Although corruption trials for UPDF officers occur and are reported in the media, no high-ranking official has so far been convicted of corruption.
1) 20 UPDF officers face court over food theft, Daily Monitor, http://www.monitor.co.ug/News/National/20-UPDF-officers-face-court-over-food-theft/-/688334/1993648/-/ho4303z/-/index.html, published September 2013, accessed June 2014. 2) State wants Brig. Tumukunde convicted, New Vision, http://www.newvision.co.ug/news/639189-state-wants-brig-tumukunde-convicted.html, published January 2013, accessed June 2014. 3) Gen Aronda warns Gen Sejjusa of breaching UPDF code of conduct, Uganda Picks, http://www.ugandapicks.com/2013/05/gen-aronda-warns-gen-sejjusa-against-breaching-updf-code-of-conduct-29369.html, published May 2013, accessed June 2014. 4) Bantariza trial: UPDF witness contradicts prosecution claims, The Observer, http://observer.ug/index.php?option=com_content&view=article&id=30794:-bantariza-trial-updf-witness-contradicts-prosecution-claims&catid=34:news&Itemid=114, published March 2014, accessed June 2014.
Opinion: Agree
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Opinion: Agree
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Opinion: Agree
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Does regular anti-corruption training take place for military and civilian personnel?
Researcher + Peer Reviewer4110: Although the Inspector General of police in 2012 reportedly requested an anti-corruption training programme following a review of corruption in the police, there is no evidence to suggest that this was implemented, nor that the request expanded to the intelligence or defence establishment.
1) Addressing corruption in police forces, Anti-corruption research network, http://corruptionresearchnetwork.org/acrn-news/addressing-corruption-in-police-forces, accessed June 2014.
Opinion: Agree
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Opinion: Agree
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Opinion: Agree with Comments
Comment: Indeed I have failed to find evidence of anti-corruption training for the military and civilian personnel. Corruption seems to be an open secret that is sidestepped and the top hierarchy pretends it does not exist.
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Is there a policy to make public outcomes of the prosecution of defence services personnel for corrupt activities, and is there evidence of effective prosecutions in recent years?
Researcher + Peer Reviewer4110: Prosecutions of Uganda People’s Defence Forces (UPDF) officers and other ministry of defence officials accused of various offenses, including corruption, are routinely reported in the media. According to the UPDF Act of 2005, military trials are open to the public so long as this does not endanger public safety, defence or public morals, though the parameters for what constitute these categories remain unclear.
Evidence regarding the number of trials not open to the public could not be found. However, there is evidence to suggest that widespread corruption continues to occur in the defence forces with impunity, indicating that many cases of misconduct are not brought to trial in the first place, particularly against senior officials. In particular, opposition MPs have accused the defence ministry of using the classified expenditures system in the defence budget to hide corrupt activities. For example, although the fighter jets scam of 2011 was widely reported in the media, few outlets picked up on reports that the jets should only have cost US$ 327 million. This means that US$ 413 million remained unaccounted for. There have been no public reports of this issue being investigated or of anyone being prosecuted for the missing funds.
1) The Uganda People's Defence Forces Act 2005, http://www.icrc.org/applic/ihl/ihl-nat.nsf/0/34C18819BB7C4DFFC12573750032B4CE, accessed June 2014.
2) Parliament expressed concern over classified defence expenditure, Red Pepper, http://www.redpepper.co.ug/parliament-expresses-concern-over-classified-defence-expenditure/, published August 2013, accessed June 2014.
3) MP wants classified expenditure off budgeting system, Red Pepper, http://www.redpepper.co.ug/mp-wants-classified-expenditure-off-budgeting-system/, published September 2013, accessed June 2014.
4) $740m fighter jets scam sneaks under the radar, The East African, http://www.theeastafrican.co.ke/news/+740m+fighter+jets+scam+sneaks+under+the+radar/-/2558/1137840/-/3kw0g3z/-/index.html, published April 2011, accessed June 2014.
5) Defence officials fail to explains Shs20b bill, Daily Monitor, http://www.monitor.co.ug/News/National/Defence-officials-fail-to-explain-Shs20b-bill/-/688334/2448276/-/ij1ewdz/-/index.html, published September 2014, accessed November 2014.
6) Another UPDF commander convicted for fuel theft in Somalia, Chimp Reports, http://chimpreports.com/another-updf-commander-convicted-for-fuel-theft-in-somalia/, published February 2015, accessed July 2015.
7) Uganda: Free pass on high level corruption, Human Rights Watch, https://www.hrw.org/news/2013/10/21/uganda-free-pass-high-level-corruption, published October 2013, accessed July 2015.
Opinion: Agree
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Opinion: Agree
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Opinion: Agree
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Are there effective measures in place to discourage facilitation payments (which are illegal in almost all countries)?
Researcher + Peer Reviewer4110: Facilitation payments are not defined in Ugandan Law.
The Uganda People’s Defence Forces Act (UPDF) of 2005 states that all forms of corruption are prohibited, and specifies that UPDF members are prohibited from demanding or accepting compensation or other personal benefits for carrying out defence duties. The acceptance of gift or other compensation during any business related to defence is also prohibited. The Anti-Corruption Act of 2009 also prohibits the bribery of public officials, while the Leadership Code Act of 2002 proscribes any activity that could lead to corruption in public affairs. Despite these measures, reports of UPDF demands for facilitation payments or bribes continue to surface and are in many cases not addressed. Most recently, UPDF soldiers conducting night patrols in Gulu, in the north of the country, were accused of extorting local residents.
1) The Uganda People's Defence Forces Act 2005, http://www.icrc.org/applic/ihl/ihl-nat.nsf/0/34C18819BB7C4DFFC12573750032B4CE, accessed June 2014.
2) Anti-Corruption Act, http://www.ulii.org/content/anti-corruption-act, accessed June 2014.
3) Leadership Code Act, 2002, http://www.assetrecovery.org/kc/node/538468aa-5c9d-11dd-bd89-e1da50544b18.1, accessed June 2014.
4) UPDF, police on spot for exploiting residents during patrol, Red Pepper, http://www.redpepper.co.ug/updf-police-on-spot-for-exploiting-residents-during-patrol/, published and accessed June 2014.
5) Business Anti-Corruption Portal, Business Corruption in Uganda, http://www.business-anti-corruption.com/country-profiles/sub-saharan-africa/uganda/show-all.aspx.
Opinion: Agree
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Opinion: Agree
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Opinion: Agree
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Do the armed forces have military doctrine addressing corruption as a strategic issue on operations?
Researcher + Peer Reviewer4110: In a December 2011 interview, the Chief of Military Doctrine for the Uganda People’s Defence Forces (UPDF), spoke out against corruption without however outlining any coherent strategy the UPDF espouses. The Uganda People’s Defence Forces Act of 2005 also does not mention corruption as a strategic operational issue. Likewise, the Leadership Code Act of 2002 addressed corruption but this is not specific to the defence sector.
1) The Uganda People's Defence Forces Act 2005, http://www.icrc.org/applic/ihl/ihl-nat.nsf/0/34C18819BB7C4DFFC12573750032B4CE, accessed June 2014. 2) Army general speaks out on corruption, Dispatch, http://www.dispatch.ug/army-general-speaks-out-on-corruption/3526/, published December 2011, accessed June 2014. 3) Leadership Code Act, 2002, http://www.assetrecovery.org/kc/node/538468aa-5c9d-11dd-bd89-e1da50544b18.2, accessed June 2014.
Opinion: Agree
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Opinion: Agree
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Opinion: Agree
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Is there training in corruption issues for commanders at all levels in order to ensure that these commanders are clear on the corruption issues they may face during deployment? If so, is there evidence that they apply this knowledge in the field?
Researcher + Peer Reviewer4110: As with the lower levels of the Uganda People’s Defence Forces (UPDF) addressed in question 49, there are no known anti-corruption training programmes in place for commanders. Despite an initial request for anti-corruption training in the police, this has not yet taken shape, nor has the request been extended to the defence forces. This is evident in frequent reports of the UPDF engaging in corruption during missions abroad. For example, UPDF officers were suspected of illegally selling food and logistics resources to civilians in Somalia, resources that had been slated for the UPDF’s role in the African Union mission in Somalia (AMISOM). UPDF members at multiple levels of the military hierarchy were suspected of being involved, though no convictions have been reported as yet for this offense.
1) Addressing corruption in police forces, Anti-corruption research network, http://corruptionresearchnetwork.org/acrn-news/addressing-corruption-in-police-forces, accessed June 2014.
2) Somalia theft probe shakes UPDF officers, Daily Monitor, http://www.monitor.co.ug/News/National/Somalia-theft-probe-shakes-UPDF-officers/-/688334/2019948/-/13cj39ez/-/index.html, published October 2013, accessed June 2014.
Opinion: Agree with Comments
Comment: The extremely limited exposure senior UPDF officers receive with regards to anti-corruption is at most from attending UN peacekeeping courses and even then anti-corruption is only a small element of broader training programmes.
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Opinion: Agree
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Opinion: Agree
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Are trained professionals regularly deployed to monitor corruption risk in the field (whether deployed on operations or peacekeeping missions)?
Researcher + Peer Reviewer4110: The defence forces do not have specific personnel trained to monitor anti-corruption compliance in the field. However, members of the defence forces have been, as part of their mandates, involved in such monitoring and have exposed cases of corruption. For example, it was the Chief of Military Intelligence who first reported on the Uganda People’s Defence Forces (UPDF) troops involved in the sale of food and logistics slated for the army to Somali civilians in September 2013. According to the Uganda People's Defence Forces Act 2005, the Inspector General of Defence Forces is responsible for ensuring 'accountability and transparency within defence forces'.
1) UPDF good fighters but thieves, US tells Museveni, Daily Monitor, http://www.monitor.co.ug/News/National/UPDF-good-fighters-but-thieves--US-tells-Museveni/-/688334/2011566/-/h0k6t1z/-/index.html, published September 2013, accessed June 2014. 2) Uganda People's Defence Forces Act 2005, http://www.icrc.org/applic/ihl/ihl-nat.nsf/0/34C18819BB7C4DFFC12573750032B4CE, accessed June 2014.
Opinion: Agree
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Opinion: Agree
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Opinion: Agree
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Are there guidelines, and staff training, on addressing corruption risks in contracting whilst on deployed operations or peacekeeping missions?
Researcher + Peer Reviewer4110: An internet search reveals no mention of any guidelines for addressing corruption in contracting at home or abroad. Frequent reports of faulty defence equipment being sold to the UPDF has led to widespread suspicions that defence spending in procurement is one of the conduits used to funnel corrupt money from tax revenue into private accounts. Moreover, a United Nations fraud detection unit in November 2014 reported finding corruption in contracting relating to pre-paid fuel cards issued to the UN Operation in Somalia and the African Union Mission in Somalia (AMISOM), leading UN fuel to be distributed on the black market. Although Uganda was not specifically mentioned in this report, it contributes by far the most troops to AMISOM, suggesting UPDF troops deployed to Somalia were likely involved.
1) Uganda People's Defence Forces Act 2005, http://www.icrc.org/applic/ihl/ihl-nat.nsf/0/34C18819BB7C4DFFC12573750032B4CE, accessed July 2014.
2) $740m fighter jets scam sneaks under radar, The East African, http://www.theeastafrican.co.ke/news/-740m-fighter-jets-scam-sneaks-under-the-radar/-/2558/1137840/-/item/2/-/vt1xnqz/-/index.html, published April 2011, accessed July 2014.
3) UN found corruption with in some of its contractors in Somalia, Mareeg, http://www.mareeg.com/un-found-corruption-with-in-some-of-its-contractors-in-somalia/, published November 2014, accessed July 2015.
Opinion: Agree with Comments
Comment: Ad hoc anti-corruption training may occur on broader peacekeeping training courses delivered at regional or UN training centres, however this is not guaranteed.
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Opinion: Agree
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Opinion: Agree
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Private Military Contractors (PMCs) usually refer to companies that provide operational staff to military environments. They may also be known as security contractors or private security contractors, and refer to themselves as private military corporations, private military firms, private security providers, or military service providers.
Researcher + Peer Reviewer4110: There appears to be regulations in place governing relationships between the police and private security organisations. According to the Companies Act 2012, private security providers must register as a company on the recommendation of the Inspector General of Police, who then issues an operating licence. According to this procedure, all private security organisations must be vetted and approved by the district security committee in which they operate. However, this procedure does not appear to extend to the defence sector.
Private military contractors are employed by the Uganda People’s Defence Forces (UPDF) in Uganda and abroad, but there is no mention in the Uganda People’s Defence Forces Act 2005 of a requirement for them to undergo any particular scrutiny, for corruption or otherwise, before being employed. Reports indicate that the UPDF has employed a number of private security firms with questionable credentials. The UPDF also works closely with President Museveni’s brother’s private security firm Sarecen, which operates in Uganda’s oil region of Lake Albert. Reports indicate that some vetting procedures are in place for contractors working with the UPDF, including vetting from the External Security Organisation or the Chief of Military Intelligence. However, it is not clear to what extent the vetting scrutinises corruption risks. The Security Organisations Act of 1987 makes no mention of private security organisations, nor does the Public Procurement Disposal of Public Assets Act Amendment of 2014.
1) UPDF should prepare to account for donors funds, Daily Monitor, http://mobile.monitor.co.ug/Oped/UPDF-should-prepare-to-account-for-donor-funds/-/691272/2046972/-/format/xhtml/-/jdfhfez/-/index.html, published October 2013, accessed July 2014. 2) Uganda People's Defence Forces Act 2005, accessed July 2014. 3) Foreigners should not interfere with our oil management, New Vision, http://www.newvision.co.ug/D/8/21/739256, published November 2014, accessed July 2014. 4) Security organisations Act, 1987, http://www.ulii.org/ug/legislation/consolidated-act/305, accessed July 2014. 5) Amended PPDA Act and Regulation 2014, http://www.ppda.go.ug/, accessed July 2014. 6) Chapter One: private and public security in Uganda, Solomon Wilson Kirunda, Institute for Security Studies, http://www.issafrica.org/chapter-one-private-and-public-security-in-uganda-solomon-wilson-kirunda, published July 2008, accessed July 2014.
Opinion: Agree
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Opinion: Agree
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Opinion: Agree
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Does the country have legislation covering defence and security procurement and are there any items exempt from these laws?
Researcher + Peer Reviewer4110: According to the Public Procurement and Disposal of Public Assets Act, the defence forces “shall manage their procurement and disposal on the basis of a dual list, covering items subject to open and restricted procurement or disposal methods respectively.” The restricted list is to be decided upon in consultation between the defence ministry and the public procurement authority and submitted for classified audit. However, reports suggest that, although classified audits are to be submitted annually before parliament, this does not necessarily occur, which has prompted parliament to call for greater access to information with regards to classified expenditures. Moreover, although oversight of these mechanisms is the responsibility of a contracts committee within the defence and national security sector, appointments to the contracts committee are likely to be heavily influenced by the executive and are unlikely to undergo a free and fair recruitment process. For example, the President’s increasing attempts to sideline long-standing military members in favour of a younger generation from whom he can win individual loyalties has seen him reshuffle the Uganda People’s Defence Forces (UPDF) and other security outfits.
1) The Uganda People's Defence Forces Act 2005, http://www.icrc.org/applic/ihl/ihl-nat.nsf/0/34C18819BB7C4DFFC12573750032B4CE, accessed July 2014. 2) Amended PPDA Act and Regulation 2014, http://www.ppda.go.ug/, accessed July 2014. 3) More fighter jets arrive, The Observer, http://www.observer.ug/index.php?option=com_content&view=article&id=25121:more-fighter-jets-arrive, published May 2013, accessed June 2014. 4) CSOs want special committee on secret budget outlay, New Vision, http://www.newvision.co.ug/news/656184-csos-want-special-committee-on-secret-budget-outlay.html, published and accessed June 2014. 5) Parliament expressed concern over classified defence expenditure, Red pepper, http://www.redpepper.co.ug/parliament-expresses-concern-over-classified-defence-expenditure/, published August 2013, accessed June 2014.
Opinion: Agree
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Opinion: Agree
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Opinion: Agree
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Is the defence procurement cycle process, from assessment of needs, through contract implementation and sign-off, all the way to asset disposal, disclosed to the public?
Researcher + Peer Reviewer4110: The Public Procurement and Disposal of Public Assets Act states that ‘copies of the act, registration, guidelines and forms made under this Act, standard bidding documents and decisions of the Authority shall be made accessible to the public by the Authority.’ However, this clause does not specify whether it applies to all sections of the Act, such as the defence sector. In fact the Act also states that procurement and disposal of assets are to be managed under a dual list, one of which is to remain classified. This is likely to have been the provision used to keep the procurement of several defence assets from the public.
For example, the purchase of military jets has on several occasions been kept from the public and only revealed once the jets had been delivered, or once foreign media reported their Uganda’s purchase. The initial needs assessment also appears to be obscured from public view. This was highlighted by the defence committee's request in September 2014 for the Ministry of Finance to provide funding for the continuation of a UPDF mission in South Sudan after the initial budget proposal was submitted in June 2014. This comes on the back of the mission in South Sudan facing controversy after it was deployed in December 2013 without prior parliamentary approval and associated budget discussion. This series of events suggests that a proper needs assessment for the defence ministry in general and the mission in South Sudan specifically may not have been carried out.
In terms of the bidding process, the Public Procurement and Disposal of Public Assets Authority, which was ratified in 2003, is responsible for scrutinizing public procurement contracts, including classified items. Within this context, a Contract Committee, whose duties and composition is set out by the Act, is responsible for evaluating bidders. Items discussed by the Contract Committee are submitted for inspection by the Accounting Officer, Chief Finance Officer, Head of Internal Audit, Council’s Standing Committee responsible for Finance, Auditor General, Inspector General of Government, Ministry of Local government and the Authority. Classified information however, as pertaining for example to the Ministry of Defence, is subject to less scrutiny on grounds of national security, while in many cases the defence ministry has bypassed contract committees altogether. This highlights the lack of transparency in the nature of the procurement cycle process.
1) $740m fighter jets scam sneaks under the radar, The East African, http://www.theeastafrican.co.ke/news/-740m-fighter-jets-scam-sneaks-under-the-radar/-/2558/1137840/-/item/2/-/vt1xnqz/-/index.html, published April 2011, accessed July 2014. 2) Amended PPDA Act and Regulation 2014, http://www.ppda.go.ug/, accessed July 2014. 3) More fighter jets arrives, The Observer, http://www.observer.ug/index.php?option=com_content&view=article&id=25121:more-fighter-jets-arrive, published May 2013, accessed July 2014. 4) Defence committee seeks funding for UPDF stay in South Sudan, Red Pepper, http://www.redpepper.co.ug/defence-committee-seeks-funding-for-updf-stay-in-south-sudan/, published September 2014, accessed November 2014. 5) Eye Radio &quoute;Ugandan Parliament Endorses Deployment of UPDF in South Sudan&quoute;, http://eyeradio.org/ugandan-parliament-endorses-deployment-udpf-south-sudan/, published January 2014, accessed June 2014. 6) Uganda: central tender board to be scrapped, New Vision, http://allafrica.com/stories/200204220073.html, published April 2002, accessed July 2014.
Opinion: Agree
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Opinion: Agree
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Opinion: Agree
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Are defence procurement oversight mechanisms in place and are these oversight mechanisms active and transparent?
Researcher + Peer Reviewer4110: Defence procurement oversight mechanisms for unclassified procurement are in place under the Public Procurement and Disposal of Public Assets Act. The Act states in section 42 that the defence and security organisms must comply with it for unclassified items, but that classified items are subject to classified audits that are presented to Parliament. The Act (section 28) further states that procurement processes come under the purview of the Contracts Committee, which is approved by the Secretary to the Treasury. However, appointments to the Contracts Committee are likely to be heavily influenced by the executive and are unlikely to undergo a free and fair recruitment process. They are therefore unlikely to be independent or transparent. Moreover, there have been cases where the Contracts Committee was deliberately sidestepped by UPDF officers, suggesting procurement oversight is not always active or transparent. For example, a deal to purchase cement for a project in the north of the country was met with criticism in 2012 after it emerged that UPDF cement had found its way into the project without going through the Contracts Committee.
Therefore, while there is a legal framework for oversight of defence procurement, the effectiveness of the relevant institutions is greatly reduced by political interference and deliberate avoidance of UPDF.
1) Amended PPDA Act and regulations 2014, http://www.ppda.go.ug/, accessed June 2014.
2) OPM fraud unravels, The Observer, http://www.observer.ug/index.php?option=com_content&view=article&id=21896:-opm-fraud-unravels&catid=78:topstories&Itemid=116, published November 2012, accessed June 2014.
3) The Public Procurement and Disposal of Public Assets Act 2003, http://opm.go.ug/assets/media/resources/365/The_Public_Procurement_And_Disposal_Of_Public_Assets_Act,_2003.pdf, accessed July 2015.
Opinion: Agree
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Opinion: Agree
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Opinion: Agree
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Are actual and potential defence purchases made public?
Researcher + Peer Reviewer4110: Defence purchases are rarely made public before the transaction is complete and sometimes even after. The defence ministry cites reasons of national security for keeping purchases secret. For example, shortly after the 2014/15 budget was proposed on 12 June, the Ministry of Defence asked Parliament to approve a supplementary budget of US$ 65 million for unspecified “regional security” reasons. In another example, the purchase of military jets has on several occasions been kept from the public and only revealed once the jets had been delivered, or once foreign media reported their Uganda’s purchase. Although the Public Procurement and Disposal of Public Assets Act states that standard bidding documents are to be made accessible to the public, this does not apply to classified procurement lists, and many defence purchases fall under this category.
1) The cost of war: Uganda borrows to fund its military in South Sudan, The East African, http://www.theeastafrican.co.ke/news/-Uganda-borrows--to-fund-its-military-in-South-Sudan-/-/2558/2340360/-/item/1/-/12fp3vn/-/index.html, published and accessed June 2014.2) $740m fighter jets scam sneaks under the radar, The East African, http://www.theeastafrican.co.ke/news/-740m-fighter-jets-scam-sneaks-under-the-radar/-/2558/1137840/-/item/2/-/vt1xnqz/-/index.html, published April 2011, accessed July 2014. 3) Amended PPDA Act and Regulation 2014, http://www.ppda.go.ug/, accessed July 2014. 4) More fighter jets arrives, The Observer, http://www.observer.ug/index.php?option=com_content&view=article&id=25121:more-fighter-jets-arrive, published May 2013, accessed July 2014.
Opinion: Agree
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Opinion: Agree
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Opinion: Agree
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What procedures and standards are companies required to have - such as compliance programmes and business conduct programmes - in order to be able to bid for work for the Ministry of Defence or armed forces?
Researcher + Peer Reviewer4110: According to the Public Procurement and Disposal of Public Assets (PPDA) Act, bidders in all sectors must meet the following qualifications: the bidder must have the legal capacity to enter into a contract; must not be insolvent, in receivership or bankrupt; the business activities must not have been suspended; the bidder must not be undergoing legal proceedings related to insolvency, receivership or bankruptcy; and the bidder fulfills tax and social security obligations according to law. However, there is no mention in the PPDA Act or the Companies Act of 2012 of a requirement of bidding businesses to have specific compliance or business conduct programmes in order to bid for contracts, nor are the obligations set out in the Act specific to the defence sector. Nevertheless, evidence indicates that the Ministry of Defence requires bidding companies to refer to Open Domestic Bidding procedures found in the PPDA Act 2003.
See also the GI 2013 assessment.
1) Companies Act 2012, http://www.ulii.org/files/ug/legislation/act/2012/1/companies_act_no_1_of_2012_pdf_84470.pdf, accessed June 2014. 2) Amended PPDA Act and regulation 2014, http://www.ppda.go.ug/, accessed July 2014. 3) The Ministry of Defence, New Vision, http://www.newvision.co.ug/mobile/Detail.aspx?NewsID=648779&CatID=415, accessed July 2014.
Opinion: Agree
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Opinion: Agree
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Opinion: Agree
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Are procurement requirements derived from an open, well-audited national defence and security strategy?
Researcher + Peer Reviewer4110: Defence procurement is referenced in the White Paper on Defence Transformation. Procurement requirements for the defence sector also appear to be derived from those set out in the Public Procurement and Disposal of Public Assets (PPDA) Act of 2003. Despite the presence of these guidelines, investors report that government officials often require companies interested in bidding to provide facilitation payments in person. Investors have also complained of a lack of transparency in government bidding processes and have said they suspected government officials to have conflict of interests with private businesses in tendering processes, suggesting the procurement process in government is opportunistic.
1) 2013 Investment climate statement - Uganda, http://www.state.gov/e/eb/rls/othr/ics/2013/204753.htm, published April 2013, accessed July 2014.
2) Amended PPDA Act and regulations 2014, http://www.ppda.go.ug/, accessed June 2014.
3) Digging through Kizza Besigye's manifesto, Uganda Picks, http://www.ugandapicks.com/2010/11/digging-through-kizza-besigyes-manifesto.html, published November 2010, accessed July 2014.
Opinion: Agree
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Opinion: Agree
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Opinion: Agree
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Are defence purchases based on clearly identified and quantified requirements?
Researcher + Peer Reviewer4110: The White Paper on Defence Transformation references defence procurement needs. The national budget framework paper (FY 2015/2016) also includes procurement spending targets. However, the The Ministry of Defence's and the Uganda People’s Defence Forces (UPDF)'s requirements for defence purchases are being increasingly questioned by Parliament, the media and the public amidst reports that President Museveni is expanding his regional ambitions. For example, Ugandan involvement in South Sudan, where approximately 1,600 UPDF troops are currently stationed to support President Salva Kiir against militant rebels, is routinely questioned by Parliament and the public, particularly after troops were deployed without prior parliamentary approval. There are growing rumours that Museveni is looking to expand the UPDF and its military capabilities in order to deploy it in regional conflicts, thus placing himself in a position of greater influence regionally. The reasoning behind UPDF purchases do not appear to be derived from clearly identified and quantified requirements. Examples of purchases include six fighter jets purchased in 2011 without parliamentary oversight. The reason given for the purchase was not clearly defined and referred simply to Uganda needing to ‘deal with any eventuality arising from threats to Uganda’s security.’
1) Voice of America &quoute;Uganda Defence Minister to Appear before Parliament&quoute;, http://www.voanews.com/content/uganda-defence-minister-to-appear-before-parliament/1826181.html, January 2014, accessed June 2014. 2) Eye Radio &quoute;Ugandan Parliament Endorses Deployment of UPDF in South Sudan&quoute;, http://eyeradio.org/ugandan-parliament-endorses-deployment-udpf-south-sudan/, published January 2014, accessed June 2014. 3) $740m fighter jets scam sneaks under the rada, The East African, http://www.theeastafrican.co.ke/news/-740m-fighter-jets-scam-sneaks-under-the-radar/-/2558/1137840/-/item/2/-/vt1xnqz/-/index.html, published April 2011, accessed July 2014. 4) Why is Museveni building region's strongest army? The Independent, http://www.independent.co.ug/cover-story/5554-why-is-museveni-building-regions-strongest-army, April 2012, accessed July 2014. 5) Uganda received final SU-30s from Russia, Defence Web, http://www.defenceweb.co.za/index.php?option=com_content&view=article&id=26076:uganda-receives-final-su-30s-from-russia&catid=35:Aerospace&Itemid=107, published June 2012, accessed July 2014.
Opinion: Agree
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Opinion: Agree
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Opinion: Agree
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Is defence procurement generally conducted as open competition or is there a significant element of single-sourcing (that is, without competition)?
Researcher + Peer Reviewer4110: The PPDA Act of 2003, section 51, stipulates that a procuring entity shall use open competitive bidding as its preferred method of procurement and disposal. The Act applies to all areas of government, including the Defence forces, indicating that open competition is indeed provided for in legislation with reference to defence. However, section 42 also states that the defence and security sector will manage its procurement according to a dual list, covering open and restricted procurement. The document does not specify whether restricted procurement must follow open competitive bidding.
Defence procurement is open to competitive bidding in theory, and the Ministry of Defence regularly issues public tenders. However, reports suggest that in practice the bidding process is often circumvented. For example, Parliament in April 2012 asked the defence ministry to account for its inflated utility bills for the 2010/11 financial year. An Auditor General report from that year indicated that the ministry paid a 10.2 billion Ugandan shilling utility bill for military barracks that often lack water and power, and 3.3 billion Ugandan shillings for the procurement of uniforms without adherence to procurement guidelines. In particular, the Auditor General reported that the defence ministry had not conducted open competitive bidding as required by the guidelines, suggesting single sourcing occurs for the majority of contracts. Although special waivers from the Executive Director of the PPDA Authority can be sought for cases of single sourcing, the Auditor General’s report revealed that this waiver was not pursued. The 2011 purchase of fighter jets at a cost of US$740 million from Russia also reportedly bypassed the legislature and was not submitted for open competitive bidding.
1) Invitation to bid under open domestic bidding, http://web.monitor.co.ug/brochures/defence14092013.pdf, accessed July 2014. 2) Amended PPDA Act and regulations 2014, http://www.ppda.go.ug/, accessed June 2014. 3) Defence quizzed over Sh12bn water, power bill, New Vision, http://www.newvision.co.ug/article/fullstory.aspx?story_id=630441&catid=1&mid=53, published April 2012, accessed July 2014. 4) Airforce jets: arming UPDF is a strategic move, Daily Monitor, http://www.monitor.co.ug/OpEd/Editorial/-/689360/1150206/-/9i61tm/-/index.html, published April 2011, accessed July 2014. 5) Kadoga ready to throw in towel, The Observer, http://www.observer.ug/index.php?option=com_content&view=article&id=18442%3Akagoda-ready-to-throw-in-towel&Itemid=96, published April 2012, accessed July 2015.
Opinion: Agree
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Opinion: Agree
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Opinion: Agree
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Are tender boards subject to regulations and codes of conduct and are their decisions subject to independent audit to ensure due process and fairness?
Researcher + Peer Reviewer4110: The Public Procurement and Disposal of Public Assets Authority was ratified in 2003, in order to replace the previous central tender board system. It is responsible for scrutinising public procurements, including classified items. A Contract Committee, whose duties and composition is set out by the PPDA Act, is responsible for evaluating bidders. According to the Act, the chairperson of a contract committee is responsible for ensuring that the Committee abides by the legal requirements and code of conduct set out by the Authority. Items discussed by the Contract committee are submitted for inspection by the Accounting Officer, Chief Finance Officer, Head of Internal Audit, Council’s Standing Committee responsible for Finance, Auditor General, Inspector General of Government, Ministry of Local government and the Authority. Classified information is subject to less scrutiny however, on grounds of national security, while reports indicate that in many cases the defence ministry has bypassed contract committees altogether.
1) Amended PPDA Act and regulations 2014, http://www.ppda.go.ug/, accessed June 2014.
2) Uganda: central tender board to be scrapped, New Vision, http://allafrica.com/stories/200204220073.html, published April 2002, accessed July 2014.
3) Defence quizzed over Sh12bn water, power bill, New Vision, http://www.newvision.co.ug/article/fullstory.aspx?story_id=630441&catid=1&mid=53, published April 2012, accessed July 2014.
4) Airforce jets: arming UPDF is a strategic move, Daily Monitor, http://www.monitor.co.ug/OpEd/Editorial/-/689360/1150206/-/9i61tm/-/index.html, published April 2011, accessed July 2014.
5) Local governments Act 1997, http://www.ulii.org/ug/legislation/consolidated-act/243, accessed July 2015.
Opinion: Agree
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Opinion: Agree
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Opinion: Agree
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Does the country have legislation in place to discourage and punish collusion between bidders for defence and security contracts?
Researcher + Peer Reviewer4110: According to the Public Procurement and Disposal of Public Assets Guidelines, bidders or providers will have committed fraud if they &quoute;collude with other businesses and organisations with the intention of depriving a procuring and disposing entity of the benefits of free and open competition&quoute; and/or &quoute;enter into business arrangements that might prevent the effective operation of fair competition.&quoute; A report by the Inspectorate of Government in 2012 found that 9.4% of contract values was spent on corrupt payments in government procurement.
Although there are a number of laws against collusion in tendering, these are not specific to defence, and they are frequently either not enforced or are circumvented. As stipulated by the Public Procurement and Disposal of Public Assets Authority Act of 2003, the Authority is mandated to undertake compliance monitoring and investigate “any breach, wrongdoing, mismanagement or collusion that has been alleged, reported or proven against a procuring and disposing entity or a tenderer”. However, the 2014 amendment to the Act gave the Authority a stronger mandate to investigate and prosecute procurement offences, including collusion.
1) Amended PPDA Act and regulations 2014, http://www.ppda.go.ug/, accessed June 2014.
2) Uganda: central tender board to be scrapped, New Vision, http://allafrica.com/stories/200204220073.html, published April 2002, accessed July 2014.
3) Defence quizzed over Sh12bn water, power bill, New Vision, http://www.newvision.co.ug/article/fullstory.aspx?story_id=630441&catid=1&mid=53, published April 2012, accessed July 2014.
4) Airforce jets: arming UPDF is a strategic move, Daily Monitor, http://www.monitor.co.ug/OpEd/Editorial/-/689360/1150206/-/9i61tm/-/index.html, published April 2011, accessed July 2014.
5) The local governments (public procurement and disposal of public assets) regulations, 2006, http://www.ppda.go.ug/dmdocuments/Local_Gorvernment_regulations%202006.pdf, accessed July 2014.
6) List of suspended providers November 2013, http://www.ppda.go.ug/index.php/suspended-providers.html, accessed July 2014.
7) PPDA law to promote efficiency, accountability, New Vision, http://www.newvision.co.ug/news/653148-ppda-law-to-promote-efficiency-accountability.html, published March 2014, accessed July 2014.
8) The public procurement and disposal of public assets guidelines, Guindeline 4-2014 Ethical Code of Conduct, http://ppda.go.ug/index.php/guidelines/cat_view/11-guidelines/29-central-government.html?start=10, published February 2014, accessed November 2014.
Opinion: Agree
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Opinion: Agree
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Opinion: Agree
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Are procurement staff, in particular project and contract managers, specifically trained and empowered to ensure that defence contractors meet their obligations on reporting and delivery?
Researcher + Peer Reviewer4110: The Public Procurement and Disposal of Public Assets (PPDA) Authority has a training and capacity building department that is responsible for conducting specialised training courses, building procurement and disposal capacity by training trainers and developing training modules and evaluation methods for individuals involved in the procurement and disposal process. The PPDA has been criticised in the past for hurting service delivery due to its staff’s ignorance of public procurement laws and the failure to appoint managers to oversee procurement contracts. In response, the Authority intensified countrywide training exercises, including in contract management, while the PPDA amendment Act of 2014 included the launching of public procurement and contracts management training manuals which will be used to address existing procurement shortcomings. While these plans are to be rolled out to procurement for all government departments, there is no mention of specific provisions for the defence ministry.
A 2004 country procurement assessment report conducted in partnership with the World Bank recommends to the Authority to assert itself over the Ministry of Defence, implying limited to no authority was being asserted. With frequent procurement scandals in the defence sector, such as the US$ 740 million jet scam mentioned in previous indicators, there is no evidence to suggest that this deficiency was addressed.
1) Amended PPDA Act and regulations 2014, http://www.ppda.go.ug/, accessed June 2014.
2) Training and capacity building, http://www.ppda.go.ug/index.php/departments/training-and-capacity-building.html, accessed July 2014.
3) PPDA training firms to better procurement, New Vision, http://www.newvision.co.ug/news/637131-ppda-training-firms-to-better-procurement.html, published November 2012, accessed July 2013.
4) Amended PPDA act becomes operational next week, New Vision, http://www.newvision.co.ug/news/653032-amended-ppda-act-becomes-operational-next-week.html, published February 2014, accessed July 2014.
5) Uganda country procurement assessment report, https://openknowledge.worldbank.org/bitstream/handle/10986/14564/324990v20UG0CP1n0Findings01public10.txt?sequence=2, published June 2004, accessed July 2014.
Opinion: Agree
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Opinion: Agree
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Opinion: Agree
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Are there mechanisms in place to allow companies to complain about perceived malpractice in procurement, and are companies protected from discrimination when they use these mechanisms?
Researcher + Peer Reviewer4110: According to the Public Procurement and Disposal of Public Assets Act of 2003, companies can submit their complaints in writing to the Public Procurement Authority within twenty one working days from the date the Authority became aware of the dispute. The Authority is then mandated to express its decision in writing within twenty one working days from the receipt of the complains. Moreover, Uganda’s justice system includes access to mediation for commercial disputes through the commercial court, which operates with relative efficiency. In addition, Uganda is a signatory to the Multilateral Investment Guarantee Agency (MIGA), the International Centre for the Settlement of Investment Disputes (ICSID) and the Centre of Arbitration for Dispute Resolution (CADER). However, some foreign investors have reported that Uganda’s commercial court favours local companies, and that it has at times been vulnerable to political pressures in terms of deciding the outcomes of certain cases. Moreover, although a procurement complaints handling mechanism exists, only about 30 complaints are received annually as many companies have reported they fear to be denied future business opportunities if they complain. This grievance does not appear to have been specifically addressed in the 2014 amendment to the act.
1) 2013 - Investment climate statement - Uganda, http://www.state.gov/e/eb/rls/othr/ics/2013/204753.htm, accessed July 2014. 2) Public Procurement and Disposal of Public Assets Act 2003, http://www.ppda.go.ug/, accessed July 2014. 3) Complains procedure, http://www.ppda.go.ug/index.php/complaints-procedure.html, accessed July 2014. 4) With efficient procurement, government can deliver more with less, The Independent, http://www.worldbank.org/en/news/opinion/2012/09/22/with-efficient-procurement-government-can-deliver-more-with-less, published September 2012, accessed July 2014.
Opinion: Agree
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Opinion: Agree
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Opinion: Agree
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What sanctions are used to punish the corrupt activities of a supplier?
Researcher + Peer Reviewer4110: According to the Public Procurement Disposal of Public Assets (PPDA) Act of 2003 the Authority may suspend a supplier from engagement in the public procurement or disposal process if they are found to have violated one or more of a series of provisions including breaching the code of ethics for providers and being convicted of a corrupt or fraudulent practice under the Act. A list of suspended providers is updated and published on the Public Procurement and Disposal of Public Assets website.
Media reports also suggest perpetrators have faced sanctions. For example, three former ministers in July 2012 faced sanctions for their role in bypassing open competitive bidding mechanisms in the tendering of the National Identity Cards project. The Act does not recommend the prosecution or debarment of providers who are in violation of the Act, though according to the Act, the Authority does reserve the right to suspend a provider that was debarred from an international institution of which Uganda is a member.
Score 2 has been selected since publicly available information is lacking regarding companies that operate in the defence sector.
1) PPDA law to promote efficiency, accountability, New Vision, http://www.newvision.co.ug/news/653148-ppda-law-to-promote-efficiency-accountability.html, published March 2014, accessed July 2014. 2) PPDA - the 2nd public procurement integrity survey report, http://www.unpcdc.org/home/key-resources.aspx?alttemplate=SearchDocumentLibrary&category=Policy%20and%20Strategy%20Documents&submit=Search&page=5, accessed July 2014. 3) Report on the 6th East African procurement forum, http://www.ppda.go.ug/index.php/reports/cat_view/17-corporate-reports.html?limit=10&limitstart=0&order=date&dir=DESC, accessed July 2014. 4) Uganda ex-ministers face sanctions over ID deals, The East African, http://www.theeastafrican.co.ke/news/-/2558/1444152/-/mglqo8z/-/index.html, published July 2012, accessed July 2014. 5) Amended PPDA Act and regulations 2014, http://www.ppda.go.ug/, accessed June 2014.
Opinion: Agree
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Opinion: Agree
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Opinion: Agree
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When negotiating offset contracts, does the government specifically address corruption risk by imposing due diligence requirements on contractors? Does the government follow up on offset contract performance and perform audits to check performance and integrity?
Researcher + Peer Reviewer4110: An internet search revealed no mention of Uganda making use of offset contracts in the defence sector. However, there is one mention of an offset agreement suggested by World Bank in 2001, which was reportedly not respected by the Ugandan government.
Uganda conservation news - Mabira rhetoric escalates as World Bank insists on 'offset agreement', http://wolfganghthome.wordpress.com/2011/08/30/uganda-conservation-news-mabira-rhetoric-escalates-as-world-bank-insists-on-offset-agreement/, published August 2011, accessed July 2014.
Opinion: Agree
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Opinion: Agree
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Opinion: Agree
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Does the government make public the details of offset programmes, contracts, and performance?
Researcher + Peer Reviewer4110: An internet search revealed that the government has previously entered into offset agreements on at least one occasion. However, the agreement does not appear to have involved the defence or security sector. The agreement was reportedly signed in 2001 with the World Bank over financing of the Bujagali hydro electric power plant. No details of the agreement have been made public.
Uganda conservation news - Mabira rhetoric escalates as World Bank insists on 'offset agreement', http://wolfganghthome.wordpress.com/2011/08/30/uganda-conservation-news-mabira-rhetoric-escalates-as-world-bank-insists-on-offset-agreement/, published August 2011, accessed July 2014.
Opinion: Agree with Comments
Comment: If offset programmes are used for defence procurement they are not made public.
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Opinion: Agree
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Opinion: Agree
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Are offset contracts subject to the same level of competition regulation as the main contract?
Researcher + Peer Reviewer4110: There is no mention of offset contracts in the Public Procurement and Disposal of Public Assets Act 2003. There is therefore no known policy on competition regulation. Although the government appears to have entered into an offset agreement on at least one occasion, there is no evidence of offset contracts taking place in the defence ministry.
1) Uganda conservation news - Mabira rhetoric escalates as World Bank insists on 'offset agreement', http://wolfganghthome.wordpress.com/2011/08/30/uganda-conservation-news-mabira-rhetoric-escalates-as-world-bank-insists-on-offset-agreement/, published August 2011, accessed July 2014.
2) Amended PPDA act and regulations 2014, http://www.ppda.go.ug/, accessed July 2014.
Opinion: Agree with Comments
Comment: If offset programmes are used they are subject to far less scrutiny than other projects.
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Opinion: Agree
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Opinion: Agree
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How strongly does the government control the company's use of agents and intermediaries in the procurement cycle?
Researcher + Peer Reviewer4110: The use of arms brokers is not specifically regulated by law. The Public Procurement and Disposal of Public Assets (PPDA) Act makes no mention of agents or intermediaries in the procurement cycle. The Firearms Act of 1970 prohibits the sale of arms by any persons not registered under the act as a firearms dealer. Anyone deemed to have contravened this section faces no more than five years in prison, a fine not exceeding 20,000 Ugandan shillings or both. No individual or business can sell arms without a licence. However, there is no mention of vetting procedures to determine who can register as a firearms dealer. Under the Act, the registration of a licence to sell firearms is granted at the discretion of the chief licensing officer alone. Although a new firearms law was drafted in 2012, this made no mention of strengthening oversight of the procurement cycle, and it has yet to come into effect. This has resulted in a number of corrupt deals being carried out, including in the defence sector. For example, reports suggest several arms deals between Uganda and Chinese or Russian dealers have been affected by corruption, including a US$ 740 million deal in 2011 that saw Uganda purchase six fighter jets without parliamentary approval. Given the Firearms Act extends some control only over the procurement of firearms but not major conventional weapons or other non-equipment procurement, score 0 has been selected.
1) Amended PPDA Act and regulations 2014, http://www.ppda.go.ug/, accessed June 2014. 2) Uganda - gun facts, figures and the law, http://www.gunpolicy.org/firearms/region/uganda, accessed July 2014. 3) Firearms Act 1970, http://www.ulii.org/ug/legislation/consolidated-act/299, accessed July 2014. 4) Governemnt draft tight firearms law, Daily Monitor, http://mobile.monitor.co.ug/News/-/691252/1334196/-/format/xhtml/-/uyqf9tz/-/index.html, published February 2012, accessed July 2014. 5) Defence related graft: EAC pays the heavy price of secrecy, The East African, http://mobile.theeastafrican.co.ke/News/Graft-invades-military-and-defence-budgets/-/433842/1689610/-/format/xhtml/item/2/-/9i52au/-/index.html, published February 2013, accessed July 2014.
Opinion: Agree
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Opinion: Agree
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Opinion: Agree
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Are the principal aspects of the financing package surrounding major arms deals, (such as payment timelines, interest rates, commercial loans or export credit agreements) made publicly available prior to the signing of contracts?
Researcher + Peer Reviewer4110: Aspects of the financing package for major arms deals are not made publicly available prior to the signing of contracts. In fact, the purchase of major defence equipment is often classified until after the deliveries have been received. When the government in 2011 purchased six fighter jets for US$ 740 million, it did so without first seeking legislative approval, and it only confirmed the sale after foreign media first reported on it.
1) Amendment PPDA act and regulations 2014, http://www.ppda.go.ug/, accessed July 2014. 2) Why is Museveni building region's strongest army? The Independent, http://www.independent.co.ug/cover-story/5554-why-is-museveni-building-regions-strongest-army, published April 2012, accessed July 2014.
Opinion: Agree
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Opinion: Agree
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Opinion: Agree
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Does the government formally require that the main contractor ensures subsidiaries and sub-contractors adopt anti-corruption programmes, and is there evidence that this is enforced?
Researcher + Peer Reviewer4110: There is no mention in the Uganda People’s Defence Forces Act of 2005 or in the Public Procurement and Disposal of Public Assets Act 2003 of a requirement to vet or hold accountable sub-contractors of arms dealers. However, the local governments (public procurement and disposal of public assets) regulations of 2006 states that subcontracting must be approved by the client, and that a subcontractor ‘must be eligible, in the same way as a main provider; and the obligations or conditions imposed on a main provider, shall also be imposed on a sub-contractor.’ However, there is no mention of anti-corruption requirements.
1) The Uganda People's Defence Forces Act 2005, http://www.icrc.org/applic/ihl/ihl-nat.nsf/0/34C18819BB7C4DFFC12573750032B4CE, accessed July 2014. 2) Amended PPDA act and regulations 2014, http://www.ppda.go.ug/, accessed July 2014. 3) The local governments (public procurement and disposal of public assets) regulations, 2006, http://www.ppda.go.ug/dmdocuments/Local_Gorvernment_regulations%202006.pdf
Opinion: Agree
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Opinion: Agree
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Opinion: Agree
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How common is it for defence acquisition decisions to be based on political influence by selling nations?
Researcher + Peer Reviewer4110: There is some evidence that defence purchases are in part influenced by selling nations. For example, reports suggest that Russia pursues a policy of selling arms to African governments, including Uganda, in order to boost its diplomatic and economic influence in the region. China is reportedly pursuing a similar strategy. This trend is likely to grow as Uganda’s oil production picks up in the coming years. In fact, Russia in February 2015 won the deal to build Uganda's first oil refinery, which may suggests that Russia's status as Uganda's main arms importer played a role in the awarding of the contract. This was highlighted by reports that &quoute;Within days of the refinery deal announcement, Uganda media claimed the army was requesting $168m to buy military equipment and the Ministry of Defence had already negotiated a procurement loan of $170m from a bank in Russia with help from Rosoboronexport.&quoute; The military denied that the refinery contract was linked to the weapons deal, but details remain classified.
However, the majority of purchases are likely to be due to the government's apparent preference for increasingly deploying the military on missions abroad. This is likely to be part of the government's strategy to engage in regional conflicts for greater regional influence. For example, the December 2013 deployment of 1,600 Uganda People’s Defence Forces (UPDF) troops to South Sudan to support its President against rebel insurgents is likely to have been part of that strategy, as the involvement was not supported by Parliament nor the Inter-governmental Authority on Development (IGAD), of which Uganda is a member, and which has been involved in mediating the South Sudan conflict. Military purchases relating to these activities are frequently justified as being in the interest of ‘regional security’.
1) Arms deals with Africa: from Russia with love, Think Africa Press, http://thinkafricapress.com/legal/russia-raising-arms-sales-africa, published April 2013, accessed July 2014.
2) Chinese invasion, The Independent, http://www.independent.co.ug/News/news-analysis/5110-chinese-invasion, published January 2012, accessed July 2014.
3) S. Sudan cancels IGAD summit as Ethiopia voices concern over Uganda's role, Sudan Tribune, http://www.sudantribune.com/spip.php?article49666, published January 2014, accessed July 2014.
4) Uganda lawmakers demand answers about troops in South Sudan, Voice of America, http://www.voanews.com/content/article/1821664.html, published January 2014, accessed July 2014.
5) Sanctions-hit Russian group wins $4bn Uganda refinery deal, Financial Times, http://www.ft.com/cms/s/0/442825a0-b6bd-11e4-a5f2-00144feab7de.html#axzz3Sag94zFB, published February 2015, accessed July 2015.
6) Russia returns to Africa amid increasing isolation, Al Jazeera, http://www.aljazeera.com/indepth/features/2015/03/russia-returns-africa-increasing-isolation-150305071828897.html, published March 2015, accessed July 2015.
Opinion: Agree
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Researcher + Peer Reviewer4110: Although the Constitution provides for parliamentary oversight of defence policy through the Committee on Defence and Internal Affairs, procedures are often ignored or overridden by executive order, while a lack of transparency between the Ministry of Defence and Parliament hinders legislative scrutiny. The budget allocated to defence spending is made public each year. However, according to Source 1, a shadow government official, the exact use of the funding is classified, highlighting a lack of transparency in the Ministry of Defence at a time when defence budget has increased to 1 trillion Ugandan shillings for the 2014/15 budget, as announced on 12 June 2014. This increase comes at a time when Uganda is not engaged in any internal insurgencies, though media reports suggest the UPDF is increasingly engaging in regional military interventions including in South Sudan, despite parliamentary objections. For example, following the outbreak of hostilities between the government and forces loyal to former Vice President Riek Machar in South Sudan in December 2013, Uganda deployed 1,600 UPDF troops, ostensibly to protect Ugandan civilians, but eventually as reports suggest, to support president Salva Kiir against Machar's rebels. This occurred despite objections from some members of the Ugandan parliament. The move was also in direct contravention to the Constitution, which states that parliamentary approval must be sought for the deployment of troops abroad. Although ultimately Parliament ratified the deployment of troops to South Sudan with 80% of the vote in January 2014 , this likely reflects the fact that the ruling NRM dominates the legislative body, including through the presence of military officers who hold parliamentary seats, rather than a genuine respect for legislative procedures.