Strengthening witness protection in Uganda’s fight against corruption, in absence law

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OPINION

By Doreen Nalunkuma

Uganda’s anti-corruption efforts have registered notable milestones over the years. These include the recovery of assets worth sh10b in 2023 by the Inspectorate of Government, the launch of the Lifestyle Audit campaign in 2022, the prosecution of corrupt public officials at the local government level, and the operationalisation of the Leadership Code Tribunal.

Additionally, government entities have embraced digital innovation through platforms such as the Citizens' Feedback Platform by the Office of the Auditor General and the Contract Monitoring System under the Public Procurement and Disposal of Public Assets Authority (PPDA).

Complementing institutional efforts is a relatively robust legal framework. Key instruments include the Anti-Corruption Act (2009), the Whistleblowers Protection Act (2010), the Leadership Code Act (2022), the Zero Tolerance to Corruption Policy (2018), and the Anti-Money Laundering Act (2013). These laws collectively aim to deter, detect, and punish corrupt acts. Yet, despite this progress, one fundamental gap persists: Uganda lacks a comprehensive witness protection law.

Why witness protection matters

Corruption often involves networks of actors and covert transactions that rely heavily on silence, fear, and impunity. Witnesses—whether they are whistleblowers, victims, or observers—are often the only direct link to the truth. Their willingness to come forward can make or break a case.

Currently, witness protection in Uganda is handled through ad hoc and informal mechanisms. Institutions such as the Uganda Police Force, the Judiciary, and the Office of the Director of Public Prosecutions (ODPP) employ limited interventions. These may include providing physical. Security, ensuring confidentiality, or relocating witnesses temporarily. In 2017, the ODPP established the Witness Protection and Victims Empowerment Department, and later issued prosecutorial guidelines to help define protection procedures. These include:

• Assessing protection needs and threat levels.
• Planning secure movement and confidentiality.
• Ensuring communication with witnesses throughout the proceedings.
• Responding to intimidation or threats.

While commendable, these measures remain non-binding and inconsistent. More critically, the Whistleblowers Protection Act (2010), which could have bridged the gap, does not adequately address relocation, anonymity, or longer-term security of witnesses. In cases involving powerful individuals or organised networks, witnesses often find themselves vulnerable and unprotected.

The case for a legal framework

Enacting a dedicated Witness Protection Law is not merely a bureaucratic formality. It serves several key purposes:

1. It fosters accountability: Witnesses are more likely to testify if they feel safe. A well-structured law assures them of that safety.
2. It strengthens prosecution efforts: Without credible witness testimony, many corruption cases collapse due to lack of evidence.
3. It fulfils Uganda’s international obligations: As a signatory to the United Nations Convention Against Corruption (UNCAC), Uganda is required to enact measures that protect witnesses and ensure their participation in anti-corruption processes.
4. It builds public trust: A credible protection mechanism enhances citizens’ confidence in the justice system and increases their willingness to report wrongdoing.

What Can Citizens Do?

The absence of a law should not translate into silence. Citizens have a critical role to play in influencing policy and pushing for reform:

• Engage policymakers: Petition your local leaders and members of Parliament to prioritise the enactment of a Witness Protection Bill.
• Use media platforms: Amplify the conversation on the need for a legal framework through radio, newspapers, television, and social media.
• Share lived experiences: Where safe and ethical, document and share cases where witnesses have faced threats or intimidation due to a lack of protection. These real-life stories humanise the issue and generate empathy and urgency.

It is therefore important to note that a witness protection law is not a luxury. It is a necessity for a functional justice system, particularly in the fight against corruption. Uganda has made commendable strides in strengthening legal and institutional frameworks. Now, it must complete the puzzle by giving voice and safety to those who dare to speak the truth.

The writer is an Economist and Officer at Anti-Corruption Coalition Uganda