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Parliament approves report recommending review of sexual violence laws

Deputy speaker, Jacob Oulanyah. PHOTO via @Parliament_Ug

Kampala, Uganda | THE INDEPENDENT | Parliament has approved recommendations in select committee report following investigations into allegations of sexual violence in institutions of learning.

The select committee Chairperson and Gomba West, Member of Parliament, Robina Rwakoojo presented the report to parliament early this month.

The speaker of parliament, Rebecca Kadaga appointed the select committee following a motion tabled by the National Female Youth MP, Anna Adeke Ebaju asking parliament to inquire into allegations of sexual violence in schools.

Adeke’s motion followed different media reports pointing to the escalation of sexual harassment in institutions of learning.  On Wednesday afternoon, MPs across the political divide took to the floor of parliament chaired by the deputy speaker, Jacob Oulanyah to support the recommendations of the select committee.

They include among others the recommendation to amend different laws in the Education Sector to provide for the withdrawal of licenses for teachers found culpable of sexual misconduct, prohibit sexual relations between learners and teachers, classify sexual violence as a serious form of professional misconduct and prescribe clear sanctions for perpetrators.

The committee noted glaring gaps in various laws that provide for the protection of learners against sexual violence and punishment of perpetrators, which need to be urgently addressed.

The committee also noted the absence of a comprehensive law on sexual offences, legal provisions in the education sector and a witness protection law. With the approval of the report, government is expected to among other present amendments to the Education Act, 2008 to enforce the right of pregnant girls to remain in school and return after giving birth.

The Act is to also be amended to prohibit sexual relations between learners and teachers whether consensual or not, to reinforce existing provisions in the Teachers’ Professional Code of Code, classify sexual violence as a serious form of professional misconduct and prescribe clear sanctions for perpetrators.

The proposed amendment is will impose a legal duty of care on teachers and schools to protect learners against sexual violence and respond effectively to reports of abuse; provide for mandatory reporting of sexual violence to police and Ministry of Education by teachers and schools and impose stiff penalties on schools for failure to report or take action against perpetrators of sexual violence.

The Education Service Act will also be amended to provide for disciplinary proceedings to run parallel to criminal proceedings. This will permit the Ministry of Education to dismiss teachers on the basis of professional misconduct irrespective of the status or outcome of criminal proceedings.

Other Recommendations

Parliament also approved the recommendation for the Education Ministry to collect data on sexual violence in institutions of learning. The data is expected to focus on the extent and the various forms of sexual violence, their drivers and consequences of the vice.

Parliament wants the data to dis-aggregate victims and perpetrators of violence by age, position and sex. The Education Ministry will be required to validate the data, consolidate and publish it on an annual basis.

The Ministry will also be expected to update Parliament annually on the scale and magnitude of sexual violence in institutions of learning and actions taken to mitigate the vice.

The State Minister for Higher Education, John Chrysostom Muyingo said sexual violence is unacceptable in all education institutions and that they are taking the report seriously. He pledged to ensure that all committee recommendations are implemented.

The First Deputy Prime Minister, Gen. Moses Ali equally supported and commended the committee report, saying there is need for Ugandans to respect cultural values.

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