Gov't seeks to regulate, streamline DNA use in investigations

Ministers Muyingo (L), Hamison Obua (C) and Peter Ogwang confer with Speaker Among during the sitting of the House
Posted On
Tuesday, 26th November 2024

Government has introduced a proposed law that seeks to regulate and streamline the use of comprehensive forensic science service in the investigation and prosecution of crime.

The Government Chief Whip, Hon. Denis Hamson Obua, tabled the Forensic Evidence Bill, 2024, which aims to modernise forensic science services and ensure better regulation of analytical and forensic practices in the country.

The Bill establishes a comprehensive National DNA Database as part of reforms to enhance justice and public safety in Uganda. The National DNA Database, central to the proposed legislation, is described as “an electronic depository for human DNA profiles containing forensic DNA analysis results” and will be managed by the Directorate of Government Analytical Laboratory.

The Bill also deals with DNA profiling services; taking of bodily samples for investigation; laboratory analytical report and its effect; access to DNA profile and information; retention, storage and expunging of forensic DNA profiles; destruction and disposal of bodily samples and non-disclosure of information.
“The establishment of the DNA database will facilitate effective legal proceedings to dispense fair justice and safeguard the environmental health and safety of people,” reads the Bill in part.

Additionally, it outlines the roles of the Directorate in regulating forensic science and ensuring compliance with standards across forensic laboratories.
To ensure transparency and accountability, the Bill outlines strict protocols for the retention, storage, and expunging of DNA profiles. For instance, profiles of suspects in the arrestee index must be removed within three years if no charges are brought, or if the individual is acquitted or the case is dismissed. Volunteer DNA profiles will only be retained with explicit consent from the donor.

“A forensic DNA profile in the volunteer index shall be expunged within three months after a case is concluded, unless a volunteer gives consent for his or her forensic DNA profile to be retained on the database,” the Bill specifies.

The legislation also criminalizes unauthorised use of DNA data, with severe penalties, including fines of up to 1,500 currency points (Shs30 million) or imprisonment for up to 15 years.

The bill also emphasises privacy by restricting access to DNA profiles to authorized entities for specified purposes, such as criminal investigations and legal proceedings.

The Bill proposes the designation of the Government Analytical Laboratory as the regulatory body for forensic and scientific services. It also mandates the establishment of regional laboratories to decentralize services and ensure equitable access across the country.

Speaker, Anita Among, referred the Bill to the House Committees on Defence and Internal Affairs for consideration.
Meanwhile, Hon. John Chrysostom Muyingo, the Minister of State for Education and Sports (Higher Education) also tabled the Technical and Vocational Education and Training (TVET) Bill, 2024, which aims to reform Uganda’s technical education system.

This Bill proposes the creation of a TVET Council to streamline governance, enhance curriculum development, and establish a Skills Development Fund to address unemployment.

The Bill seeks to provide for the institutional framework for the coordination, regulation and promotion of TVET; to provide for the establishment of TVET Council and Sector Skills Expert Committee; and related matters.

The Bill was referred to the Committee on Education and Sports consideration.