Advocating for the Inclusion of Technology-Facilitated Gender-Based Violence (TF-GBV) in the Sexual Offences Bill 2022
In a recent roundtable dialogue convened by Pollicy, Uganda Women’s Parliamentary Association [UWOPA] and Eastern African Sub-regional Support Initiative [EASSI] for the Advancement of Women, diverse stakeholders advocated for the inclusion of Technology-Facilitated Gender-Based Violence (TF-GBV) in the Sexual Offences Bill 2022. This dialogue brought together key stakeholders from Civil Society, Government, regional and international development actors, marking a crucial step towards strengthening Uganda’s legal framework for preventing sexual violence, both offline and online.
The Significance of the Sexual Offences Bill 2022
The Sexual Offences Bill 2022 aims to consolidate various pieces of legislation on sexual offences into a comprehensive law, which is critical for the effective prevention of sexual violence in Uganda. While the Bill addresses sexual offences faced by women and other vulnerable groups, it falls short in specifically addressing the emerging and rapidly growing issue of TF-GBV. These online violations not only mirror but also escalate traditional forms of sexual violence, highlighting the urgent need for their inclusion in the Bill.
Key Observations and Commitments
There is a critical need for a comprehensive Inclusion of Physical and Virtual Environments in the sexual offences Bill 2022. This inclusion is necessary to ensure the law comprehensively covers all forms of sexual violence. By acknowledging the interconnected nature of online and offline sexual offences, the Bill can provide more robust protection for victims and a more effective framework for preventing and punishing these crimes. The dialogue highlighted that without addressing the digital aspect of sexual violence, the legislation would be incomplete and fail to protect individuals from the full spectrum of sexual offences.
There must be a strong commitment to adopting a holistic approach in drafting the Bill, ensuring that Technology Facilitated Gender-Based Violence is considered in every clause. This approach underscores the severity and interrelation of online and offline sexual offences. The Bill must explicitly define and address TF-GBV, incorporating specific provisions to tackle various forms of technology-facilitated sexual violence. By doing so, the Bill can offer comprehensive legal recourse for victims and reflect the evolving nature of sexual violence in the digital age. This commitment to a holistic approach demonstrates a recognition of the need for modern legislation that keeps pace with technological advancements and the changing dynamics of sexual violence.
Building Prosecution Capacity to prosecute TF-GBV cases effectively must be central in the adoption of the proposed law. Policy reforms must align with the prosecution capacity with the challenges posed by digital crimes. This includes enhancing the understanding and skills of law enforcement agencies, prosecutors, and the judiciary regarding TF-GBV. Training programs and resource allocation were identified as critical steps to build this capacity. Additionally, there was a call for the development of specialised units or task forces within law enforcement to handle TF-GBV cases more effectively. These reforms are essential to ensure that the legal system can respond adequately to TF-GBV, providing justice for victims and deterring perpetrators.
Challenges identified
The limited appreciation and understanding of TF-GBV among some government actors, with some viewing it as merely a cybercrime covered by existing laws like the Computer Misuse Act, such generalisation fails to recognise the evolving forms and severity of TF-GBV, which disproportionately affects women and girls both online and offline.
Additionally, there is a broader issue of inadequate understanding of technological terminologies and rapid technological advancements among policymakers and enforcers. This knowledge gap can result in several challenges. Firstly, the complexity and specificity of technological jargon often make it difficult for policymakers to fully grasp the implications and potential of new technologies. As a result, they may struggle to create informed regulations that effectively address both the opportunities and risks associated with these advancements.
Moreover, the rapid pace of technological development means that by the time policymakers become familiar with a particular technology, it may already be outdated or significantly evolved. This lag can lead to outdated or irrelevant policies that fail to address current technological realities. For example, regulations designed for early iterations of artificial intelligence (AI) might not apply to more advanced AI systems, leading to gaps in oversight and potential misuse.
This disconnect also affects law enforcement and regulatory bodies, who are responsible for implementing and enforcing these policies. Without adequate training and continuous education on emerging technologies, enforcers may find it challenging to identify and address infractions effectively. This can result in inconsistent enforcement, where some technological abuses go unchecked while others are disproportionately penalised.
Recommendations
Intersectional dialogues help demystify complex technological and legal terminologies, ensuring all parties have a clear and unified understanding. This common ground is crucial for crafting policies that are precise and applicable across different contexts. Collaborative and inclusive policy development that involves civil society ensures that the voices of marginalised and vulnerable groups are included in the policy-making process. This inclusivity leads to policies that are more equitable and considerate of the diverse impacts of cybercrimes.
Co-creation of solutions with policymakers, enforcers, and CSOs can jointly develop innovative solutions that address the root causes of cybercrimes. Collaborative efforts can lead to the creation of proactive measures rather than reactive responses. Engaging CSOs in the policy-making process enhances transparency and builds trust within communities. When people see that their concerns are being heard and addressed, they are more likely to support and comply with new regulations.
Ongoing dialogues establish open communication channels between all stakeholders. This openness facilitates the continuous exchange of information, allowing for real-time updates and policy adjustments as needed. Regular intersectional dialogues ensure that all stakeholders remain informed about the latest technological advancements and emerging cyber threats. This continuous learning process enables the adaptation of policies to keep pace with technological changes.
Conclusion
The Sexual Offences Bill 2022 must address the gaps in the current legal framework regarding TF-GBV. By raising awareness, fostering collaboration, and advocating for policy reforms, the legislators must demonstrate a collective commitment to preventing both online and offline sexual violence in Uganda. The insights and commitments from this engagement laid the groundwork for meaningful legal advancements, ensuring that the Sexual Offences Bill addresses the full spectrum of sexual violence in the digital age.
Authors: Tricia Gloria Nabaye (Pollicy), Brenda Namata (Pollicy) &
Annex Kemanzi (Pollicy)
