ISSUE NO.4/2021: HRCU WEEKLY UPDATE ON HUMAN RIGHTS AND KEY EMERGING ISSUES IN HRDS' WORKING ENVIRONMENT

 The Human Rights Centre Uganda (HRCU)

WEEKLY UPDATE ON HUMAN RIGHTS AND KEY EMERGING ISSUES WITHIN THE HUMAN RIGHTS DEFENDERS’ WORKING ENVIRONMENT

ISSUE NO.4/2021 | The Weeks of Monday January 25 to Sunday February 7, 2021

INTRODUCTION

Welcome to February, 2021!

The last two weeks (January 25 to February 7 2021) had a cloud of uncertainty about what would happen following the election new leaders and sight was on whether the opposition would challenge the recently concluded general elections especially for the Presidential race. We saw court order security forces to leave Mr. Robert Kyagulanyi’s home https://www.independent.co.ug/breaking-news-court-orders-security-forces-off-kyagulanyis-home/    and we also had a joint security briefing where the public was assured of security and warned against spreading false information over social media. On Monday February 1, 2021, the leader of National Unity Platform (NUP) announced that he would challenge the election results that saw Mr. Yoweri Museveni regain his seat as President https://www.youtube.com/watch?v=mcmOwUrbQ8E

On Wednesday morning, February 3, 2021, news of suspension of Democratic Governance Facility (DGF) spread across the country and this ‘shook’ both State agencies and civil society organizations (CSOs) that were/are benefiting from this funding. https://nilepost.co.ug/2021/02/03/museveni-directs-suspension-of-ugandas-biggest-ngo-donor-fund-over-subversion/

That notwithstanding, human rights defenders continue to play a critical role in promoting and striving for the protection and realization of human rights and fundamental freedoms in Uganda. The journalists have done tremendous work in keeping the country informed of the ongoing developments. In a like manner, HRCU shall continue to capture and share relevant human rights and emerging issues within the human rights defenders’ working environment so as to inform advocacy efforts for making the environment better for human rights promotion and realization.

Below is some of the information that was compiled:

THE COVID-19 SITUATION AND NEWS IN UGANDA

As of Sunday February 7, 2021, there were 39,821 cases of COVID-19 in Uganda with 327 deaths and 14,349 recoveries.

Source: https://www.worldometers.info/coronavirus/country/uganda/

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CABINET OKAYS SCHOOLS TO REOPEN FOR P6, S3 AND S5

Cabinet gave the green light to schools to reopen for sub-candidate classes nearly a year after they were closed following the corona virus outbreak. The latest decision by Cabinet is contrary to the earlier proposal by the Ministry of Education to fully reopen academic institutions. Their counterparts at the Health ministry and National Covid-19 Taskforce opposed the Education ministry’s position.

However, the Cabinet meeting on Monday February 1, 2021 put a condition for the reopening, with government saying there will first be an inspection conducted by officials from both ministries of Health and that of Education to ascertain the schools’ preparedness to receive the learners in the face of a pandemic. According to a statement by the government’s Media Centre, Primary Six pupils, Senior Three and Five students can report back in the short term to ensure progression. But the statement said nursery schools remain closed because the learners are “prone to respiratory infections” and it is not easy to ensure they observe standard operating procedures (SOPs).

Source: The Daily Monitor, Wednesday February 3, 2021: https://www.monitor.co.ug/uganda/news/national/cabinet-okays-schools-to-reopen-for-p6-s3-and-s5-3277818

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DONOR RELSTAIONS: SUSPENSION OF DGF OPERATIONS

PRESIDENT WAS GIVEN WRONG INFORMATION ON DGF FUNDING – KASAIJA

Finance Minister Matia Kasaija has written to President Yoweri Museveni clarifying that the information on which he based a decision for the suspension of the Democratic Governance Facility – DGF was wrong. President Yoweri Museveni had earlier on ordered the suspension of the Democratic Governance Facility (DGF), the single biggest donor basket established by Development Partners to provide harmonized, coherent and well-coordinated support to state and non-state entities in the country.

According to President Museveni, the Ministry of Finance irregularly and unilaterally authorized DGF funding to a tune 500 billion Shillings, to be operated exclusively by foreign missions in Uganda. He added that the approval of DGF operations without government oversight tantamount to surrendering the sovereignty of the people of Uganda to foreign interests.

“The foreign mission and its funders have been given free rein by the Ministry of Finance to choose which activity, entities and amounts to finance without the knowledge or consent of the government,” Museveni said in a letter dated January 2, 2021, addressed to Finance Minister Matia Kasaija. “Was this a result of subversion, corruption or criminal negligence, or all of these? Why wasn’t the Cabinet and I consulted? This is unacceptable,” Museveni said and directed the Minister to immediately suspend the DGF until Cabinet has fully reviewed the matter.

Source: The Independent, Sunday February 7, 2021: https://www.independent.co.ug/president-was-given-wrong-information-on-dgf-funding-kasaija/

Also see: MPs ask Museveni to reverse suspension of DGF: https://www.monitor.co.ug/uganda/news/national/mps-ask-museveni-to-reverse-suspension-of-dgf--3280840  

Museveni directs suspension of Uganda’s biggest NGO donor fund over subversion: https://nilepost.co.ug/2021/02/03/museveni-directs-suspension-of-ugandas-biggest-ngo-donor-fund-over-subversion/

Government deals heavy blow to NGOs: https://www.monitor.co.ug/uganda/news/national/government-deals-heavy-blow-to-ngos-3279838

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UGANDA IN 2021 POST ELECTION PERIOD

UGANDA OPPOSITION LEADER BOBI WINE CALLS ON COURT TO NULLIFY ELECTION RESULT

The Ugandan opposition leader and presidential challenger Bobi Wine has filed a petition at the country’s highest court to challenge the re-election of Yoweri Museveni in last month’s polls.

Wine, whose real name is Robert Kyagulanyi Ssentamu, wants the supreme court in the capital, Kampala, to nullify the victory of Museveni in the 14 January poll.

Museveni, 76, who has ruled Uganda without pause since seizing control in 1986, when he helped to end years of tyranny under Idi Amin and Milton Obote claimed a sixth five-year term, extending his rule to four decades, according to official results.

Source: The Guardian News, Monday February 1, 2021: https://www.theguardian.com/world/2021/feb/01/uganda-opposition-leader-bobi-wine-calls-on-court-to-nullify-election-result

BOBI WINE AMENDS PETITION, SAYS MUSEVENI SHOULD HAVE STEPPED DOWN BEFORE RACE

Former presidential candidate Robert Kyagulanyi Ssentamu has amended a petition challenging the outcome of the just-concluded presidential race which was filed in the Supreme Court by his team. The results released by the Electoral Commission gave Yoweri Kaguta Tibuhaburwa Museveni, a candidate of the National Resistance Movement-NRM party, a 58 percent majority victory, against Kyagulanyi’s score of 35 percent in a race that attracted 11 candidates.

In the amended petition which is already filed in the Supreme Court, Kyagulanyi contends that as an incumbent, Museveni was ineligible to take part in the January 14th, presidential election. Kyagulanyi states that contrary to Articles 102 (2) (b) and 219 of the Constitution of the Republic of Uganda as amended and S. 4 (b) of the Presidential Elections Act as amended, Museveni was not qualified for election as president while in the office of head of state, head of government, commander in chief and chairperson of the National Security Council.

Source: The Independent, Sunday February 7, 2021: https://www.independent.co.ug/bobi-wine-amends-petition-says-museveni-should-have-stepped-down-before-race/

Also see: Kyagulanyi’s petition grounds almost similar to Mbabazi’s 2016 appeal: https://www.independent.co.ug/kyagulanyis-petition-grounds-almost-similar-to-mbabazis-2016-appeal/

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HUMAN RIGHTS DEFENDERS: THE CALL TO ACTION

HOLD ERRANT SECURITY PERSONNEL ACCOUNTABLE FOR ELECTION VIOLENCE - RIGHTS DEFENDERS DEMAND

Human Rights Defenders (HRDs) on Tuesday February 2, 2021 asked heads of security agencies to subject their personnel to disciplinary actions for the misdeeds on deployment before, during and after the just concluded 2021 general elections. Security agencies comprising the police and the Uganda Peoples Defence Force (UPDF) are on spot for allegedly violating human rights following numerous complaints by citizens and human rights bodies. The accusations include torture, arbitrary arrests and detentions, assault killings as well as threats.

Under their National Coalition of Human Rights Defenders-Uganda (NCHRD-U), rights defenders have now tasked police and army to hold their officers accountable for errant actions during electoral processes. “We urge the Inspector General of Police (IGP) to prevail over the force to stop arbitrary arrests and stop sanctioning trumped up as well as frivolous charges often used in reprisal attacks against HRDs in electoral contests and strictly abide by the human rights policy of the force,” said Mr. Robert Kirenga, the Executive Director of the NCHRD.

Addressing the media in Kampala about the HRDs operating landscape in the just concluded 2021 electoral cycle, Mr. Kirenga flanked by a host of rights activists, demanded the security heads to work towards ending brutality, arbitrary arrests, incommunicado detention and attacks on journalists and other HRDs.

Source: Daily Monitor, Wednesday February 3, 2021: https://www.monitor.co.ug/uganda/news/national/hold-errant-security-personnel-accountable-for-election-violence-rights-defenders-demand-3278724

INTERNATIONAL NEWS: THE QUEST FOR JUSTICE

DOMINIC ONGWEN CONVICTED OF WAR CRIMES FOR UGANDA'S LRA REBELS

Ex-Ugandan rebel commander Dominic Ongwen was on Thursday February 4, 2021 convicted of war crimes at the international criminal court. Thursday's historic ruling also saw him convicted of forced pregnancy - a legal first in an international court. Ongwen, a feared commander of the notorious Lord's Resistance Army (LRA), is the first member of the LRA to appear before the court. He was convicted on 61 of the 70 counts of crimes against humanity and war crimes he faced.

The charges relate to attacks on four camps for internally displaced people in Uganda in 2004. More than 4,000 victims provided testimony in the ICC case. Ongwen's sentence is to be handed down at a later date. He could face life imprisonment.

Source: BBC News, Thursday February 4, 2021: https://www.bbc.com/news/world-africa-55921421  

CONCLUSION

There is so much information available to human rights defenders (HRDs). What HRCU does is to capture the key developments that touch human rights and fundamental freedoms and the work of HRDs in Uganda. Let's continue working together and moving from rhetoric to actions that shall see the realization or actual enjoyment of these rights and freedoms by all.

Together, We Advocate.