Intelligence oversight systems in Uganda: challenges and prospects

ABSTRACT

This paper highlights deficiencies in Uganda’s national security civilian intelligence services’ oversight systems and their implications for the democratic governance of the security sector. It argues that the intelligence sub-sector in Uganda still lags behind as far as adhering to democratic governance norms is concerned. The legislature and civil society organizations which are supposed to ensure that intelligence organizations operate within the rule of law find veritable challenges due to some legislative ambiguities. The paper recommends that the laws governing intelligence services should be amended to give more definite mandates to the legislature and other oversight bodies.

Disclosure statement

No potential conflict of interest was reported by the author.

Notes

1. Muldoon, “Russian Intelligence and Security Services,” xi.

2. Ibid.

3. Zegart, “The Roots of Weak Congressional Intelligence Oversight.”

4. Kabumba & Kyepa (eds.), “Militarism Kampala,” 9–20; and Kabwejere, “Politics of State Formation,” 94–135.

5. Wills, Guidebook. www.dcaf.ch accessed June 8^, 2012.

6. Africa & Kwadjo (eds.), “Introduction,” 1–14.

7. Africa, “The South African Intelligence Services,” 61–94.

8. The Constitution of the Republic of South Africa 1996.

9. The Ministerial Review Commission on Intelligence, May 11, 2007.

10. Sylvester, Parliamentary Oversight of Defence.

11. Ibid.

12. Ibid.

13. Kabumba et al, “Militarism Kampala,” DLP 2017 9–20; and Kabwejere, “Politics of State Formation,” 94–135.

14. Hattem, “23 Women Murdered in Uganda.”

15. Ibid.

16. Kasasira, “Where Were My Spies.”

17. Kabumba, ‘Militarism,’ 10.

18. Asiimwe, Security Studies, 286.

19. Agaba, “Intelligence Sector Reform in Uganda,” 56.

20. Kwadjo, “Changing the Intelligence Dynamics in Africa,” 112.

21. The Constitution of the Republic of Uganda Article 218; and The Security Organizations Act, Cap 305 1987).

22. Asiimwe, “Amendment of the Intelligence Legislation,” 123.

23. The Security Organisation Act, 1987, Clause 3 (A& B)

24. Asiimwe, “Amendment of the Intelligence Legislation.”

25. The Uganda National Security Council Act 12 of 2000

26. Ibid.

27. Misairi, “We are Not Hijacking Police Mandate,” 22.

28. The Independent, “General Tumwine Rejects MPS,” 29.

29. The Observer Newspaper, “Colonel Kaka’s Grim Crimes.”

30. Gill & Phythian, Intelligence in an Insecure World, 149.

31. The Security Organisations Act, Cap 305 1987, Clause 5.

32. The Security Organisations Act, 1987 Cap. 305

33. The Constitution of the Republic of Uganda 1995” Article 220

34. The Constitution of the Republic of Uganda, 1995.Article 218(1)

35. The Security Organisations Act, 1987, Cap 305” Sec10(1); Sec 10(2)

36. The Security Organisation Act, 1987 Cap. 305. Clause 10 (1): ‘Any person employed..by either organisation who..releases or discloses..any information..commits an offence and is liable ..of imprisonment..’ Clause 10 (2): ‘Any person employed..who (a) holds communication with or gives intelligence to any person, or (b) discloses the secrets ..commits an offence of disclosure..is liable on conviction to be sentenced to death’

37. The Whistleblowers Protection Act, 2010: ‘An Act to provide for the procedures by which individuals in both the private and public sector may in the public interest disclose information that relates to irregular, illegal or corrupt practices;..’ Clause 2: Disclosure of impropriety; ‘Subject to any other law to the contrary, any disclosure of an impropriety made by a whistleblower is protected..’

38. The Access to Information Act, 2005. (The purpose of this Act is- ‘(a) to promote an efficient, effective, transparent and accountable government; (b) to give effect to article 41 of the Constitution by providing the right of access to information held by organs of the State.. (c) to protect persons disclosing evidence of contravention of the law, ..in government bodies; (d) to promote transparency and accountability in all organs of the state..(e) to empower the public to effectively scrutinise and participate in government decision that affect them.’)

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Notes on contributors

Asiimwe Solomon Muchwa

Dr. Asiimwe Solomon Muchwa is a Senior Lecturer in International Relations and Security Studies at both Uganda Martyrs University and Nkumba University. He is also the Co-founder of and Managing Researcher at Great Lakes Strategic Information and Research Consults, Kampala, Uganda.