Gaps in the policy that prohibits the vice of sexual harassment at Makerere University are partly responsible for the continued sexual abuses against students at Uganda’s highest institution of learning, according to a new report.
Findings by a Committee which was earlier this year appointed to investigate sexual harassment at Makerere indicate that majority of the students at the university lack knowledge of the ‘University Policy and Regulations Against Sexual Harassment’, the policy that guides such incidents.
As such, the Committee has recommended for the policy to be overhauled so it can effectively meet the current needs.
The report was released Monday, three months after the Committee was appointed by the Vice Chancellor to among other terms of reference review the policy and its regulations, and make recommendations for its improvement.
The Committee was also tasked to receive submissions on sexual harassment at Makerere University.
It followed a shocking investigation by NBS TV in February this year in which a female student accused Dr. Swizen Kyomuhendo, a senior lecturer in the Department of Social Work and Social Administration, of sexually harassing her. A hidden camera showed the victim in the lecturer’s office and later in his room at a lodge where Dr Kyomuhendo had asked to meet her to discuss academic work, in total disregard of the university regulations.
To execute the investigative task into such cases was (Chairperson) Prof Sylvia Tamale, the Former Dean, School of Law, Associate Prof Consolata Kabonesa, the former Dean, School of Women and Gender Studies, and Associate Prof Christopher Mbazira, the Ag. Principal, School of Law.
Other members were Associate Prof Betty Ezati, the Dean, School of Education and Associate Prof Aaron Mushengyezi, the Dean, School of Languages, Literature and Communication among others.
The report points to the very shallow knowledge of the contents of the existing policy as one of the factors that have hindered victims of sexual harassment from reporting such cases to university authorities.
The Committee reported that the policy has been in existence for twelve years but university units have not fully enforced it, except the School of Law which has a standing Anti-Sexual Harassment Committee in accordance with the policy.
“Given the inadequate levels of student and staff awareness, it is hardly surprising that enforcement of the policy was very low,” the report which was officially handed to the Makerere University Vice Chancellor, Prof Barnabas Nawangwe states.
Yet, a fully fledged Directorate of Gender Mainstreaming was put in place and is designated with the mandate to disseminate the policy and organise awareness raising workshops.
Twelve years ago when the said policy was established, Makerere University had not yet adopted a collegiate system on which the institution currently runs. This implies that the very conceptual framework on which the policy was based is no longer operative.
The University also introduced the university-wide field attachment programme for all students which has additional implications on the scope of the problem.
“Therefore, the university should overhaul the policy and adapt it to its current needs,” the Committee recommended.
In addition to the lack of awareness and enforcement, the probe team says the policy has several deficiencies that the university should address in order to improve its efficacy.
“The penalties and disciplinary guidelines provided under Clause 24 are not comprehensive enough. It is not clear, for example, when the Committee should impose the harshest penalty of dismissal”.
They say the policy is not very clear where and to whom victims of sexual harassment should report. Clause 11 of the policy only speaks generally of “person in authority”.
“Clause 15 advises that informal complaints should be made to ‘any academic staff, administrative staff or students’ leader’. These generalities may lead to stultifying results if the victim fails to pinpoint which academic staff member to report to or when the academic staff member they report to is biased or unaware of the policy,” the report notes.
The probe further found the investigative processes stipulated in the policy as ineffective.
“In particular, the fact that members of the unit ad hoc committees are potentially colleagues of the perpetrator, puts them in an awkward and uncomfortable position”.
It is problematic for students and junior staff to sit in judgment over senior staff members of the university, says the Committee in their findings.
It was also discovered that the policy pays little attention to the plight of victims of sexual harassment, particularly the emotional and physical trauma which they suffer.
Another loophole was cited in Clause 11.5 which prohibits anonymous complaints of sexual harassment.
Since many victims of sexual harassment fear retribution associated with identifying themselves, the Committe refommends that “the University considers the merit in an anonymous allegation if there is supporting evidence”.
Also, the policy under Clauses 1.3 and 3 do not include service providers, service consumers as well as other stakeholders who do business with Makerere University including host internship supervisors.
Clause 3 was found not to be broad enough in its definition of the term “student” to include past students. This for example would exclude the recent case where a former student who had come to the university to have her academic transcript certified by the Academic Registrar’s Department was allegedly abused.
Similarly, Clause 7 lists examples of conduct that constitutes sexual harassment but it does not include rape and computer-based or social media sexual harassment.
“The Committee’s findings revealed that there are many cases where victims of sexual harassment have reported to academic and administrative members who did not take any action. The policy does not address this issue, which emboldens abusers,” reads part of the report.
The policy lacks a provision for an online reporting mechanism, is silent on legal representation during hearing of cases and does not provide for publicizing officially resolved cases of sexual ha-
rassment.
Sex for Marks
For many of the victims (mainly female students) whose cases have been reported in the press, they have stated that their abuse stemmed from their pursuit of academic related work. Many of the female students found themselves in a vulnerable position where lecturers cornered them to offer them sex in return for better academic grades.
The report by the Prof Tamale Committee points out poor academic monitoring and mentoring systems coupled with long bureaucratic processes required by the various university entities as providing “fertile ground for perpetrators to exploit, harass and cause harm to others”.
In their interaction with the Committee, students were generally concerned about the problem of “missing marks” that is common in some university units.
The Committee discovered that “oftentimes some examiners deliberately omit students’ results from the class list in order to get them into their offices and exploit them”.
In the course of its investigations, the Committee also found another major cause of sexual harassment at Makerere to be the abuse of power by those holding academic and administrative authority.
Environment
The Committee also notes that the university environment is generally attuned to a patriarchal culture “which stereotypes females as sexual objects”.
Regarding the on campus environment, the physical infrastructure and organizational environment at Makerere University was found to be “highly conducive to serial sexual harassment”.
“Most buildings do not have 24-hour security or surveillance cameras. Although street lighting has improved tremendously, there are still several dark spots along some walkways,” the report indicates.
In addition, respondents cited the climate of impunity in which sexual harassment and abuse takes place at the university.
“Staff members and students know many of the notorious perpetrators but the culprits are rarely held to account because of peers who cover up for their colleagues, or due to the fear of lawsuits”.
The Committee interviewed participants from the 10 Colleges and the main administrative units of the University.
Employing purposive random sampling techniques, it ensured that the participants represented all cadres of employees and studentsin each college; that is, directors, students, academic staff, administrative staff, and support staff.
Since existing studies show that women disproportionately bear the brunt of sexual harassment, the Committee deliberately interviewed more women than men for this study – women comprised 59% of the total respondents.
Other stakeholders such as the Makerere University Academic Staff Association (MUASA) members of the public were also engaged. A total of 234 interviews were conducted with members of the university community.
The 42 paged report adds that “there is also fear of retribution, avoidance of jeopardizing job/academic careers, as well as shame and stigma associated with speaking out”.
Respondents also reported alcohol and drug abuse as fueling acts of sexual abuse especially in halls of residence.
Whereas many participants blamed women’s dressing style for the increasing cases of sexual harassment, the Committee reports that it did not find a causal relationship between dressing and sexual harassment nor did it recommend the imposition of a university dress code.
Specific cases
While the Committee received a few more cases beyond those reported in the media, it notes that “the details provided were general and vague”.
The probe team says that although the high profile cases reported in the media have helped to place the spotlight on the vice, a culture of silence surrounding the issue of sexual harassment remains a problem.
The report also indicates that the university offers little support to victims of sexual harassment after they report such cases and it needs to do more to eradicate the problem.
It now remains to be seen how quickly the Vice Chancellor’s strong tone against sexual harassment will translate into a fast review of the University Policy and Regulations Against Sexual Harassment in the face of a dented image as a result of the vice.