A critical analysis of investigation of rape cases in Kampala Metropolitan Policing Area (North)

Abstract

The study critically analyses investigation of rape cases in Uganda and whether they comply with international human rights standards. For quite some time, the criminal justice system focused on punishment of perpetrators and securing convictions, while the rights of victims took the back seat. The evolution of international human rights law ushered in an era where human rights took a center stage. International human rights law places an obligation upon states to conduct effective investigation of sexual violence, and sets standards to be followed by states to ensure victims’ rights are respected and protected within the criminal justice system. The study discusses international human rights instruments that Uganda is party to, specifically those that set standards and best practice for investigation of rape such as the ICCPR, DEVAW, CEDAW and Maputo protocol, as well as international jurisprudence. It also analyses the legal and institutional framework on investigation of rape in Uganda and scrutinizes its compliance with international human rights standards. The study involved collection of data from four police stations within areas of KMP-North, namely; Wandegeya, Old Kampala, Kawempe and Wakiso. Data was also collected from other key informants such as NGOs, DPP, MGLSD. The study concludes that the definition of rape in Uganda’s Penal Code Act is narrow and does not conform to international standards. Secondly, Uganda has adopted various measures to ensure investigations comply with international human rights standards. Nevertheless, there are still gaps that hinder these efforts such as inadequate resources and funding, the rape culture within society, corruption, among others. Lastly, the study recommends legal and policy reforms.