Uganda’s prison system was designed to hold 21,126 convicts but, as of today, it has about 82,125 inmates, according to the Commissioner General of Prisons, Dr. Johnson Byabashaija. This is a stark reminder of the country’s pressing human rights crisis that has prompted advocates to push for reform. Cries for a community service program are growing ever louder as the chief of Uganda’s prisons acknowledges the severe overload on the system and pushes for alternatives to incarceration for violations that do not carry jail sentences.
Prison overcrowding in Uganda has become out of control, leading to terrible living conditions, an increase in violence, and major health risks. Non-custodial sentencing, according to human rights groups, might successfully lower traffic while encouraging non-violent offenders to undergo rehabilitation.
According to recent data from the Uganda Prison Service, the number of detainees has increased by an astounding 92.9% since 2014. This has resulted in a startling 56,888 inmates being held above the prison system’s intended capacity which has grave implications for the justice system.
In both 2014 and 2015, there were approximately 42,619 inmates in Uganda. However, according to figures from Uganda’s prisons ministry, the number has increased to 82,125 despite certain government efforts, such as infrastructure development and investments in new prison facilities. However, stakeholders argue that these measures are insufficient in the face of the ongoing crisis.
Mariam Wangadya, the Chairperson of the Uganda Human Rights Commission (UHRC), highlighted that a large percentage of the prisoners in Uganda’s prisons should not be there at all, and several of the country’s jails are housing more than three times as many people they were designed to hold.
“Prisoners quarrel over restrooms and toilets because everything is overworked. That’s why I have said we have to address the issue of jail overcrowding,” she commented.
The Legal Aid Service Providers Network highlights the increasing strain on the system, noting that as of April 2024, a staggering 46.2% of prisoners are pre-trial detainees.
Sylivia Namubiru, CEO of the Legal Aid Service Providers, stressed the urgency of the situation stating:
“Delays in judicial processes contribute to these overwhelming numbers. The backlog of cases continues to expand, while we must also consider the increasing caseloads.”
To combat this issue effectively, she advocates for non-custodial alternatives for petty offenders, positing that these options could significantly reduce prison populations.
Nina Kato, a human rights attorney and advocate with the Uganda Human Rights Network, commented:
“It is time we recognize that not every crime warrants incarceration. Many of those behind bars for minor offenses are often victims of circumstance. By utilizing community service as an alternative, we can address overcrowding while fostering a sense of responsibility in offenders.”
The campaign for reform is supported by real-life stories that highlight the failings of the current system. One compelling case is that of 28-year-old Samuel who was imprisoned for theft – a crime stemming from desperation after he lost his job during the pandemic.
“I took food from a market stall because my family was starving. I didn’t think it would end up with me in prison for two years,” he explained.
Samuel’s story is not unique; many individuals find themselves incarcerated due to economic hardship rather than violent behavior.
Activists believe community service could provide a structured framework to reintegrate individuals into society and help them to learn valuable skills while making amends for their offenses.
“With community service, offenders would contribute positively to society, rebuild their lives, and alleviate the burden on our prisons,” argued Kato.
Personal stories resonate deeply, for instance that of Patricia, a 45-year-old mother of three who, after serving a sentence for a minor drugs charge, found it almost impossible to reintegrate into society.
“Once you’re labeled a criminal, people look at you differently. They don’t want to give you a second chance,” she said.
Patricia advocates for non-custodial sentences that could give people like her an opportunity to contribute positively to their communities without facing the stigma of prison.
As activists continue to push for change, they remain hopeful that the government will consider implementing community service programs and other non-custodial alternatives.
“Reforming our justice system and addressing prison overcrowding is a matter of urgency,” emphasized Kato. “We owe it to the countless individuals trapped in a system that should be focused on rehabilitation, not retribution.”
However, the transition to non-custodial alternatives does face challenges. High Court Judge Henrietta Wolayo pointed out that while legal frameworks exist to support such measures, misconceptions about the types of offenses the High Court deals with pose significant hurdles.
“The heavy penalties, including the death sentence, create a mindset that favors imprisonment over non-custodial sentences, despite the opportunities for rehabilitation they present,” she said.
Gen. David Muhoozi, the State Minister for Internal Affairs, told DevelopmentAid that,
“the Uganda prison service is increasing prison space in order to alleviate the overcrowding problem and so far six new prisons have been built thus far since 2022 with, and additional plans are in place for prison housing projects throughout the nation”.
