October 2007:Kawempe Division makes a historic achievement with first-ever Domestic Violence By-Law in Uganda

Current studies by Government bodies (Uganda Law Reform Commission, 2006 and Uganda Demographic Health Survey, 2006); media and police reports indicate a very high occurrence of domestic violence through out Uganda. Despite domestic violence being a critical human rights and public health problem there is no specific law to address it hence it continues to happen with impunity.

Kawempe Division community and councillors in collaboration with Centre for Domestic Violence Prevention (CEDOVIP) and Raising Voices have spearheaded efforts to prevent as well as formally outlaw domestic violence in their community by passing a domestic violence By- Law.

The By-Law will come into force 14 days after the LC V and LC III Chairman have signed it and apply to all members within a household including but not limited to the husband, wife and their children. The By-Law observes that ‘every person shall observe the right to live in a household that is free from domestic violence and shall report or cause to be reported to the relevant LC or Person of Authority any person or group of persons whom he/she sees, hears of or feels doing or omitting to do an act that in his/her view leads or led to domestic violence’. The By-Law however exempts a person from reporting a case of domestic violence if he/she is minor and helpless, elderly beyond self-help or with a mental illness; or was not in the area of the violence or never heard of it or has reasonable excuse not to intervene in the violence.

The By-Law provides that ‘any person who causes domestic violence commits an offence and is liable upon conviction to a fine not exceeding one currency point, and/or to compensate the complainant. It further provides that 'any person who abuses or physically hurts any community member or a person of authority who intervenes in or assists a victim of domestic violence commits an offence and is liable upon conviction to a fine not exceeding two currency points’

The Coordinator of CEDOVIP, Tina Musuya after the passing of the By- Law, said that, this is a big break through in the legal regime of Uganda. ‘It shows that society is willing to address domestic violence in Uganda. It also indicates that the communities are seeing the need and are demanding for specific legislation on domestic violence in Uganda. We are hopeful that policy makers will pass into law the draft Domestic Violence Bill which is in offing.

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