Responses to Information Requests

Research Directorate, Immigration and Refugee Board of Canada

1. Overview of the NUP

According to Human Rights Watch (HRW), the NUP, "formerly the National Unity, Reconciliation and Development Party (NURP), is a political party in Uganda" (2022-03-22, i). The Ugandan Electoral Commission (EC) states that the NUP registered with the EC in August 2019 (Uganda [2019]). Bertelsmann Stiftung's Transformation Index (BTI) 2022, which "assesses the transformation toward democracy and a market economy as well as the quality of governance in 137 countries," indicates that the NUP is one of the "new political parties" in Uganda and is "registered and approved by the Electoral Commission" (Bertelsmann Stiftung 2022, 2, 16). The NUP website states that it is a "progressive" "political and social liberation" party that is "duly registered under the laws of Uganda" (n.d.a).

BTI 2022 indicates that the NUP started as the People Power Movement, which was "built around the personality of member of parliament Robert Kyagulanyi" [Ssentamu] (also known as Bobi Wine), and was "eventually relaunched" as the NUP, "fielding several candidates for parliamentary and local council positions" (Bertelsmann Stiftung 2022, 16). According to an article by Voice of America (VOA), a US-based international broadcaster that is funded by the US Congress (VOA n.d.), Wine launched the NUP as the "political wing" of his People Power Movement to run in the 2021 election (2020-07-22).

According to the NUP website, its vision is to "build a [f]ree, [u]nited, [p]rosperous and [d]emocratic Uganda which empowers citizens, adheres to the rule of law, ensures dignity, and provides equal opportunities for all" (n.d.a). The same source also states the following:

[The Yoweri Museveni administration] has been the most corrupt government in the history of Uganda, it has presided over the death of more than 5 million citizens through [the] provision of poor health services including expired medicines among others, it has also failed to create jobs for its citizens and [thereby] resorting to empowering government insiders to enslave and trade Ugandans in the [M]iddle [E]ast and at home. These are just a petite sample of the things that the National Unity Platform is set to change. (NUP n.d.a)

1.1 NUP Leadership

The NUP notes that Wine is the president of the party, and was the presidential candidate for the NUP in the January 2021 general elections ([2021]). The NUP website also indicates the following other party leaders:

• Secretary for Information: Joel Ssenyonyi
• Deputy Secretary for Information: [Alex] Waiswa [Mufumbiro]
• Deputy President of the Central Region: Mathias Mpuuga
• Deputy President of the Eastern Region: John Baptist Nambeshe
• Secretary General: David Lewis Rubongoya
• Jolly Mugisha
• Lina Zedriga Waru
• Aisha Kabanda (NUP n.d.b).

1.2 Party Flag

The NUP website notes that the party has a "distinctive" "red, white, and navy blue" flag (n.d.a). VOA, citing Wine, states that the symbol of the party is an umbrella (2020-07-22).

1.3 Membership Cards

Sources, citing an NUP press conference, indicate that the NUP membership card is red, white [and navy blue (New Vision n.d.)] and has the NUP umbrella logo (URN 2020-07-28; New Vision n.d.). New Vision, a "state-owned" newspaper in Uganda (BBC 2023-04-26), states that the cards also have "a QR [c]ode and membership pledge" (n.d.). Sources indicate that a membership card costs 1,000 Ugandan shillings (UGX) [C$0.36] (URN 2020-07-28; Nile Post 2020-07-28; New Vision n.d.). Sources note that the membership cards were launched in July 2020 (Nile Post 2020-07-28; URN 2020-07-28).

1.4 Signature Attire

According to Al Jazeera, Wine "has made the red beret his signature, calling it a 'symbol of resistance'" (2019-09-30). The Daily Monitor, a Ugandan newspaper, notes that the beret was worn as a part of the party uniform until 2019 when the government "classified" it as military clothing and "illegal for unauthorised persons to wear" (2022-12-02). The same source quotes the NUP secretary general as stating that "'[o]ur berets are not military berets, ours have symbols of People Power'" (Daily Monitor 2022-12-02). Sources note that civilians who wear a red beret could face a prison sentence under the Uganda People's Defence Force Act (The Daily Monitor 2022-12-02; Al Jazeera 2019-09-30). According to the Observer, a Ugandan weekly newspaper, while she was speaking to the media, the NUP "women coordinator" in Jinja city was arrested for wearing a red beret (2020-09-14).

2. Legislation

The Constitution of the Republic of Uganda provides the following:

21. Equality and freedom from discrimination

1. All persons are equal before and under the law in all spheres of political, economic, social and cultural life and in every other respect and shall enjoy equal protection of the law.
2. Without prejudice to clause (1) of this article, a person shall not be discriminated against on the ground of sex, race, colour, ethnic origin, tribe, birth, creed or religion, social or economic standing, political opinion or disability.

…

29. Protection of freedom of conscience, expression, movement, religion, assembly and association

1. Every person shall have the right to—

…

(e) freedom of association which shall include the freedom to form and join associations or unions, including trade unions and political and other civic organisations. (Uganda 1995, bold in original)

Sources, however, note that while freedom of association is legally protected, "the government did not respect this right" (US 2023-03-20, 16), or "in practice, restrictive registration requirements and candidate eligibility rules, limited media coverage, and violent harassment by state authorities and paramilitary groups hinder opposition parties' ability to compete" (Freedom House 2023-03-09, Sec. B1).

3. Situation and Treatment of NUP Members by Authorities

BTI 2022 indicates that President Museveni "has called protesters terrorists and publicly justified the extrajudicial murder of opposition supporters" (Bertelsmann Stiftung 2022, 38). According to a VOA article, when speaking about the people who were killed in clashes between protesters and the police during the election campaign period, President Museveni "condemned the killings, but stated that some terrorists had been killed" (2023-07-12). The Ministry of Information and Communications Technology (ICT) and National Guidance (NG) of Uganda states that the NUP "has proven itself as a group of nefarious actors" and "is increasingly becoming a threat to Uganda's social harmony, and nascent democracy" (Uganda 2023-02-19). The same source notes that the "NUP chose radicalism of youths to falsely believe that only civil insurrection or armed rebellion can remove President Museveni" (Uganda 2023-02-19).

Freedom House indicates that the NUP "has experienced significant repression from the authorities, particularly after the January 2021 elections" (2023-03-09, Sec. B1). HRW states that "[d]uring the two months leading up to and after" the 14 January 2021 general elections, authorities "unlawfully detained, and forcibly disappeared government critics, opposition members, and peaceful protestors" (2022-03-22, 1).

Sources indicate that in November 2020, Wine was detained by police after he submitted his candidacy for president to the EC in Kampala (AFP 2020-11-03; The Guardian 2020-11-19). Agence France-Presse (AFP) quotes Wine as stating that he was "'beaten' and 'tortured' by police" while he was held (AFP 2020-11-03). The Guardian indicates that Wine was "temporarily blinded by police" (2020-11-19). The Associated Press (AP), citing a Ugandan police statement, notes that "authorities feared" that Wine had "'plans of holding illegal processions' into Kampala following his certification" (2020-11-03).

According to sources, protests broke out in Uganda when Wine was arrested [again (The Guardian 2020-11-19)] on 18 November 2020 for organizing mass rallies, despite COVID-19 pandemic restrictions on crowd sizes (The Guardian 2020-11-19; HRW 2022-03-22, 28). Sources indicate that the police "responded with lethal force" (International Crisis Group 2021-01-19) or with "teargas and live bullets" (HRW 2022-03-22, 28). Sources note that more than 50 people were killed (BBC 2021-01-14; Quartz 2020-11-27; HRW 2022-03, 28).

HRW reports that in December 2020, police and soldiers arrested Wine and "at least" 126 individuals, "including journalists, passersby and supporters who had accompanied him to a rally on Bugala island, Kalangala" (2022-03-22, 36).

According to a 19 January 2021 VOA article, police and soldiers had confined Wine to his house since election day on 14 January (2021-01-19). The Daily Monitor states that the army and police "surrounded" the NUP offices on 18 January 2021, and "block[ed] all party members and leaders from accessing the office" (2021-01-19). According to the same source, this incident occurred after Wine announced that the NUP was working on a Supreme Court challenge of the "fraud[ulent]" presidential election results (Daily Monitor 2021-01-19). VOA indicates that "after Wine declared the election a fraud and himself the president-elect, security forces moved in on his house and prevented anyone from leaving or visiting — including family" (2021-01-25). The Daily Monitor, quoting the Kampala Metropolitan Police spokesperson, notes that "the siege on NUP offices was informed by intelligence information" on "'dubious activities to disrupt the city security'" (2021-01-19). A report written by Bruce Afran, the counsel representing Bobi Wine and the NUP, indicates that Wine "was held in his home with his wife" and two other people for 11 days, "surrounded by hundreds of troops, military vehicles, and overhead helicopters" (Afran 2021-02-04, 44).

According to a Reuters article, "[a]t least 110 polling agents" from the NUP have been "arrested" since the day before the general election (2021-01-18). The same source, citing the NUP spokesperson, states that an NUP legislator was "beaten up by security forces" (Reuters 2021-01-18). Afran's report notes that as of February 2021, "approximately 600 NUP associates have been arrested"; others, including the party's General Secretary, have been "forced into hiding" and "at least 2,000 staff members" were "missing" (Afran 2021-02-04, 44). Another Reuters article, citing Wine and other NUP representatives, notes that "around 3,000 of his supporters had been detained or abducted by state agents" since November 2020 (2021-02-02). The same source cites the Uganda police as indicating that since 13 January 2021 "at least" 110 NUP polling agents had been arrested and during the election, "223 people were arrested for offences including assault, intimidation and voter bribery" (Reuters 2021-02-02). According to Afran's report, "[t]he purpose of such mass arrests is to depopulate the opposition's professional staff and eliminate and neutralize its ability to mount public protest and legal challenge to the January 14, 2021 election certification" (Afran 2021-02-04, 46).

According to Afran's report, following the election in January 2021, the NUP Assistant General Secretary "was arrested," and security forces took a "laptop containing Declaration Returns (DR's), the duplicate of voting data provided to each campaign that allows a cross-reference between the number of persons registered and those voting" (Afran 2021-02-04, 5). The same source states that "[s]ecurity forces raided the NUP's party headquarters," "arrested its remaining personnel, confiscated all files and locked the facility" (Afran 2021-02-04, 5).

Freedom House states the following:

Several days after the polls, the party reported that military personnel raided its headquarters. In early February, Wine claimed that over 3,000 NUP members had been abducted by authorities, though the government claimed only 31 people had been arrested. As of September 2022, the NUP had refused to sign onto the 2022 memorandum of understanding for the Interparty Organization for Dialogue, a long-running entity that seeks to bring together parties in Parliament to discuss democratic reform, which the [ruling National Resistance Movement (NRM)] leads. (2023-03-09, Sec. B1)

Sources indicate that the registrar of the NUP in Kasese district experienced "torture" while he was held in detention by security forces (Daily Monitor 2022-02-01; Germany 2022-02-14, 17).

VOA notes that 31 NUP supporters, who were arrested in November 2020, are in jail pending trial by a military court (2022-04-07). The International Center for Not-for-Profit Law (ICNL), an organization focused on improving the legal environment for civil society throughout the world (ICNL n.d.), cites "[u]nconfirmed reports" as indicating that "over" 243 NUP supporters were "missing as of March 2021" and security forces "accepted responsibility for holding 177 of them, while others cannot be accounted for, but it is believed that security forces are holding and detaining them illegally" (2023-06-10). Amnesty International reports that in March 2021 Uganda's Minister of Internal Affairs "confirmed" that 171 individuals were "detained under charges including participating in riots, possessing military stores, and involvement in meetings to plan post-election violence," but "six had already been released on bond" (2022-03-29, 377).

The US Department of State's Country Reports on Human Rights Practices for 2022 states that the NUP "reported that while an unspecified number of its supporters remained unaccounted for, the security forces continued to randomly detain its supporters without trial" (US 2023-03-20, 3). According to the Ministry of ICT and NG, "suspects who NUP claims to be its members are on trial for various heinous crimes involving murders, terrorism and treason" (Uganda 2023-02-19).

In an interview with HRW, two people describe their "experiences of being abducted" by "two men in plainclothes" and "20 masked soldiers in black uniforms" respectively, "who accused them of being NUP supporters, took them to an unmarked house, interrogated, tortured, transferred, and then released them" (2022-03-22, 31–32).

A January 2023 briefing note by Germany's Federal Office for Migration and Refugees (Bundesamt für Migration und Flüchtlinge, BAMF) indicates that the number of "opposition members" who are "currently in detention or missing" is "unclear," but according to NUP estimates, 25 of their supporters have been missing since 2020 (Germany 2023-01-09, 10). US Country Reports 2022 states that the NUP submitted "a list of 24 persons who went missing between 2019 and 2022" to "several" government offices, including the [Uganda Human Rights Commission (UHRC)] [see section 6.2 of this Response] (US 2023-03-20, 3–4). According to an investigation by the UHRC, 7 of the 25 people who were reported missing by the NUP were released in December 2022 (Uganda 2023-01-23).

HRW, citing the NUP secretary general, states that "at least" 60 NUP election observers were detained during the voting period for a by-election in Omoro County in Northern Uganda in May 2022 (2022-06-06).

VOA states that the International Criminal Court (ICC) "received testimonies from hundreds of Ugandans who say they were tortured by officials"; the case presented to the ICC was prepared by Bruce Afran (2023-07-12). According to an article by the Guardian, the submissions include "detailed allegations of the torture of opposition figures and activists who report being arrested arbitrarily and being held incommunicado in 'torture centres', where they were reportedly interrogated" about their connections with Wine and "subjected to physical harm and indignifying treatment" (2023-07-12). VOA notes that the Uganda government denied claims in the ICC case (2023-07-12).

4. Situation and Treatment of NUP Members by Society

Information on the situation and treatment of NUP members by society was scarce among the sources consulted by the Research Directorate within the time constraints of this Response.

According to the Africa Report, a news source published by Jeune Afrique Media Group (The Africa Report n.d.), "Wine has amassed a large following among Uganda's urban poor and the young people, who account for about two-thirds of the 17.2 million registered voters" (2021-01-12). BTI 2022 similarly indicates that the NUP has "captured public attention, and resonates especially with the youth" (Bertelsmann Stiftung 2022, 16).

5. Relationship to Other Political Parties, Particularly the FDC

VOA notes that "a number of legislators, including members of the ruling National Resistance Movement and opposition Forum for Democratic Change, have allied with People Power" since its formation in 2017 (2020-07-22). Sources, citing the NUP, indicate that the party will support the FDC candidate in a by-election in Soroti City East instead of running their own candidate (URN 2022-07-07; Daily Monitor 2022-07-07; Nile Post 2022-07-11). The Nile Post, an online news portal based in Kampala (Nile Post n.d.), quotes the NUP spokesperson as stating that the "'FDC are our brothers politically'" when explaining the by-election decision (2022-07-11). The Daily Monitor, citing an NUP statement, notes that they "'are doing this in the broader interest of the unity of the Forces of Change'" (2022-07-07). As cited in an article by New Vision, an FDC statement indicated that the FDC candidate won the Soroti East by-election; in turn, the FDC has withdrawn their candidate in the Gogonyo county election for a member of parliament, to support the NUP candidate (2022-08-04).

6. State Protection
6.1 Judiciary

According to a 25 January 2021 VOA article, there had been a "security presence" at Wine's house since 14 January 2021; however, a high court in Uganda "ordered security forces to end the de facto house arrest" on 25 January, "calling it unlawful and a violation of his rights" (2021-01-25). Al Jazeera, citing a lawyer, indicates that "'[t]he judge ordered that the state and its agencies should immediately vacate his property and [that] his right to personal liberty should immediately be reinstated'" (2021-01-25). VOA cites the army spokesperson as stating that "security forces would respect the court's decision but indicated they might not withdraw immediately" (2021-01-25). The International Federation for Human Rights (Fédération internationale pour les droits humains, FIDH) states that security forces left Wine's home on 26 January 2021 (FIDH 2021-01-27).

According to Jane's Country Risk Daily Report, which provides "open-source defence intelligence" (Janes n.d.), "[i]n Kampala city, the Court of Appeal dismissed a law that criminalised unauthorized protests during the hearing" of NUP members (Jane's Country Risk Daily Report 2023-03-23). The same source indicates that the "[c]ourt dismissed" Wine and his supporters "who were charged with disobedience of statutory duty under the Public Order Management Act, 2013, for protesting against the government over high taxation in 2018" (Jane's Country Risk Daily Report 2023-03-23). US Country Reports 2022 indicates that in 2020, sections of the Public Order Management Act, which gave the police "veto-like powers over public assemblies," were annulled by a court (US 2023-03-20). However, Freedom House notes that the annulment was appealed to the Supreme Court, which had not made a ruling on that case as of December 2022 (2023-03-09, Sec. E1).

6.2 UHRC

US Country Reports 2022 indicates that the UHRC is a "constitutionally mandated institution with quasi-judicial powers authorized to investigate allegations of human rights abuses, direct the release of detainees, and award compensation to abuse victims" (US 2023-03-20, 22). The same source notes that the board of the UHRC is appointed by the Ugandan president (US 2023-03-20, 22). BTI 2022 similarly notes that the UHRC "has powers similar to a court of law and can decide various remedies, including compensation" and that it can "monitor" human rights protections and investigate human rights violations (Bertelsman Stiftung 2022, 14).

US Country Reports 2022 notes that UHRC also makes recommendations to "improve the executive branch's respect of human rights"; however, the government "did not always implement UHRC recommendations" (US 2023-03-20, 22–23). The same source notes that the UHRC chairperson reported that "inadequate funding limited the implementation of activities, with the UHRC allocated approximately one quarter of required funds" (US 2023-03-20, 23). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

7. Political Activity of the NUP in Canada

The website of the NUP Canada Chapter states that it is "a political and social liberation organisation duly incorporated in Canada" (NUP n.d.c). The same source states that "[u]nder the NUP Canada Chapter administration[,] there is deliberate effort aimed at supporting all individuals as one power house" (NUP n.d.c). The website states that their policies include "[e]conomic [t]ransformation," "[h]uman [d]evelopment," and "[i]nclusive [e]conomic [d]evelopment" (NUP n.d.c).

According to the NUP's website, the NUP Canada Chapter will "host" the "first NUP Canada Diaspora Convention" in Toronto in September 2023 (NUP n.d.d). The same source states that the sessions of the convention aim "to influence the global humanitarian agenda" (NUP n.d.d).

7.1 NUP Representative in Toronto

The website of the NUP Canada Chapter indicates that Jjuko Hassan is the Head of the NUP Toronto Chapter, and Tadeo Kyewalyanga is the Chief [of] Mobilization in Canada (NUP n.d.e). According to the same source, their office is in 3000 Victoria Park Avenue, Toronto (NUP n.d.e).

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.

References

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Additional Sources Consulted

Oral sources: National Unity Platform – Canada Chapter.

Internet sites, including: Council on Foundations; The Economist – Economist Intelligence Unit; Europa World Online; Political Handbook of the World; UN – Human Rights Council, International Labour Organization, Office of the High Commissioner for Human Rights; United States Institute of Peace; The Washington Post; Watchdog Uganda.