HRCU WEEKLY UPDATE: ISSUE 30 OF 2021
THE
HUMAN RIGHTS CENTRE UGANDA (HRCU)
WEEKLY
ANALYSIS OF HUMAN RIGHTS AND KEY EMERGING ISSUES WITHIN THE HUMAN RIGHTS
DEFENDERS’ WORKING ENVIRONMENT
ISSUES
NO.30 OF 2021 | WEEK OF 9TH – 15TH AUGUST 2021
HRCU
continues to appreciate all those working towards promoting and striving for
the protection and realization of human rights and fundamental freedoms in Uganda
and beyond.
As you
may observe and document, a number of issues continue to come through within
the working environment but we are keen to pick out a few that call for
advocacy and action to be undertaken by human rights defenders.
Below
are some of the key highlights from the week of 9th to 15th
August 2021.
COVID-19 SITUATION IN UGANDA
Results
of COVID-19 tests done on 13 August 2021 confirm 309 new cases. The cumulative
confirmed cases are 96,987. #STAYSAFEUG
The breakdown of the new cases are: 309 Alerts And
Contacts: Kampala (79), Kalaki (14), Napak (14), Oyam (14), Mubende (11), Gulu
(10), Obongi (9), Pader (9), Kumi (8), Ngora (6), Kalungu (6), Abim (6), Tororo
(7), Budaka (5), Lamwo (5), Mbarara (5), Kagadi (4), Mityana (4) Nabilatuku
(4), Namisindwa (3), Kalangala (3), Soroti (3), Omoro (3), Moroto (3), Katakwi
(2), Luweero (2), Kiboga (2), Arua (2), Mbale (3), Adjumani (1), Kabale
(1), Kamwenge (1), Bugiri (1), Kibuku (1), Katakwi (1), Nakasongola (1), Rakai
(1), Kotido (1), Terego (1), abarole (1), Nebbi (2), Kween (1) Wakiso (46),
Amuru (2), Jinja (1),
ACCESS TO JUSTICE AND FAIR HEARING | JUVENILE
OFFENDERS WORRY MITYANA DISTRICT AUTHORITIES
Mityana district
authorities are concerned about the persistent number of juvenile offenders in
the area. The rates have been attributed to domestic violence and the ongoing
closure of schools. The district registered 187 criminal juvenile offences in
the financial year 2020/2021 compared to 168 cases recorded in the previous
year. These include cases of aggravated robbery, murder, and sexual offences
like incest and defilement, among others committed by minors aged 15 and 16.
It is important to note
that criminal responsibility in Uganda starts at age 12 but authorities say
that the absence of rehabilitation centres in the districts complicates the
pursuit of juvenile justice. At the moment, all juvenile offenders from Mityana
are taken to either Kampala or Mpigi districts, yet the police are constrained
to follow up cases in distant centres.
Source and details: https://www.independent.co.ug/juvenile-offenders-worry-mityana-district-authorities/
ACTION POINT:
Human Rights defenders
may do wide research on the issue of juvenile offenders in Uganda and how many
rehabilitation centers there are in the country. There is need for continued
collaboration between human rights defenders in civil society and state institutions
especially the Justice, Law and Order Sector (JLOS) so as to strategise better
on how to address the matter.
COURT
ORDERS FOR URGENT HEARING OF CASE SEEKING TO BLOCK ULS ELECTIONS
The Nakawa Chief Magistrates
Court ordered the urgent hearing of an application seeking to block the
elections of the new leadership of the Uganda Law Society. Court presided over
by Nakawa Chief Magistrate Dr. Douglas Singiza issued an order requiring the
case filed by lawyers Steven Kalali and Bonny Akol be heard soon in the court
vacation because it touches on the process of the election of current office
holders of Uganda Law Society-ULS.
The order arises from an
application filed on August 6th 2021, by lawyers Kalali and Akol
seeking a temporary injunction restraining their umbrella body, Uganda Law
Society from organizing any electoral exercise such as nomination, campaigning
among others pending the determination of the main suit challenging the
legality of the ULS Elections Committee.
ACTION
POINT:
The Uganda Law Society which
is the Bar Association for lawyers in Uganda is responsible for negotiating
with and lobbying the profession’s regulators, government and others, to
offering training and advice, and helping to protect and promote lawyers across
Uganda. The ULS also provides professional services, resources, support and
benefits to its members and engages in activities designed to improve access to
justice. With the intrinsic and extrinsic value of the society to access to
justice and rule of law, attention should be given to internal processes and
procedures that govern the body so that its credibility and substantiality is
not lost in internal conflicts and governance challenges.
JUDICIARY
SILENT ON NAMES OF JUDGES DEPLOYED TO HANDLE ELECTION PETITIONS
The judiciary has refused
to reveal the names of the 32 judges deployed by the Principal Judge, Dr.
Flavian Zeija to handle 155 petitions arising from the just concluded general
elections. The Judiciary Public Relations Officer, Jamson Karemani says that
they do not want to name the judges for fear that unscrupulous politicians
could attempt to bribe them. He also says that there are many fraudsters who
could take advantage of the name of the justices to solicit money from the
unsuspecting members of the public in the name of the judges.
Karemani told journalists
at Uganda Media Center on Tuesday morning that the Judiciary received 104
petitions related to the election of Members of Parliament and several others
from Local Council government elections.
Details at: https://www.independent.co.ug/judiciary-silent-on-names-of-judges-deployed-to-handle-election-petitions/
ACTION
POINT:
Much as the Judiciary has
its way of operation, there is information that could be made public so that
human rights defenders can liaise with the newly appointed judicial officers in
the quest for promotion and protection of fundamental human rights and
freedoms. Human Rights Defenders working on promotion of access to justice
should study the legality of the withholding of the names of judges and its
implication on access to justice and rule of law.
LEGISLATION:
OPPOSITION MOOTS AMENDMENTS TO MEDIA LAWS
The Opposition in the 11th
Parliament is mooting for an amendment of the Uganda Communications Commission
(UCC) Act and other media laws in the country in order to safeguard the freedom
of the fourth estate. The UCC Act … regulates the communications sector which
includes telecommunications, broadcasting, radio communication, postal communications,
data communication and infrastructure.
According to the Leader
of the Opposition of Parliament Mathias Mpuuga, the Shadow Cabinet has
kick-started a process of developing amendments to the Act and other media
laws, which he says are draconian.
https://www.independent.co.ug/opposition-moots-amendments-to-media-laws/
ACTION
POINT:
Human Rights Defenders especially
those working on media freedoms, freedom of speech and expression are
encouraged to actively engage with parliamentarians, offer an informed analysis
of the UCC Act, submit alternative views and recommendations so that sections
of law that seem to curtail those specific rights are revised.
SURVEILLANCE
AND THE RIGHT TO PRIVACY: ATTORNEY GENERAL DEFENDS GOV’T IN CASE CHALLENGING
VEHICLE TRACKING DEVICES
The Attorney
General Kiryowa Kiwanuka has defended the government’s decision to
introduce vehicle tracking devices. The Attorney General says that the devices
will only be used to trail suspected criminals but will not in any way
interfere with the right to privacy of ordinary law abiding citizens.
This is contained in an
affidavit submitted to the court by the lawyers from the Attorney General’s
chambers which is contained in an affidavit by Hajji Yunus Kakande, the
Secretary to President Yoweri Museveni.
Last week, Legal Brains
Trust filed an application challenging the decision by the government to have
all vehicles and motorcycles fitted with security tracking devices.
Last month, the
government signed an agreement with a Russian company, Joint Stock Company
Global Security to provide digital trackers to all vehicles in the country.
ACTION
POINT:
An opportunity is
available for HRDs working on digital and privacy rights to critically and
deliberately study the contract signed with the Russian company contracted to
install the tracking devices (if the contract in this case is not classified)
and identify clauses that could infringe on people’s right to privacy and lay
strategies on how to mitigate the possibility of misuse
ECONOMIC
RIGHTS: KCCA EMBARKS ON EVICTING STREET VENDORS
Kampala Capital City
Authority-KCCA has made good of its threats to evict street vendors in an
attempt to create trade order in the city and stop the spread of COVID-19. On
Tuesday, a team of KCCA law enforcement officers backed by armed police
officers started evicting vendors from Ben Kiwanuka street, Kikuubo lane and
Allen road.
The officers apprehended
some of the vendors and confiscated their merchandise. However, some of the
vendors resisted arrest leading to running battles with KCCA law enforcement.
Some of the vendors expressed disappointment with the operation. Last week, the
Minister for Kampala Capital City and Metropolitan Affairs, Kabuye Kyofatogabye
announced plans to evict streets vendors. He said the operations would continue
until they create trade order in the city.
Source: https://www.independent.co.ug/kcca-embarks-on-evicting-street-vendors/
ACTION
POINT:
Economic rights, among
others are recognized and protected in international and regional human rights
instruments. Member states have a legal obligation to respect, protect and fulfill
economic, social and cultural rights and are expected to take "progressive
action" towards their fulfillment.
The Universal Declaration on Human Rights recognizes a number
of economic, social and cultural rights and the International Covenant on Economic,
Social and Cultural Rights (ICESCR) is the primary international legal
source of economic, social and cultural rights. The Covenant recognized
and protects the right to work and to just and favorable working
conditions in Article 6 and 7, the right to join trade unions and
take collective labor action in Article 8, the right to social security in Article 9, the right to an adequate standard of
living, including the right to food and the right to housing, in Article 11.
Human Rights Defenders specifically
those promoting economic and social rights should engage the relevant
stakeholders to ensure that the rights of workers are respected and to avoid
using the pretext of Covid-19 to deny the enjoyment of these rights.
DEVELOPMENT
PARTNERS OPERATIONS: IPOD COUNCIL APPEALS TO GOV’T OVER DGF SUSPENSION
The Inter Party Organisation
for Dialogue-IPOD has appealed to the government to lift the suspension of the
Democratic Governance Facility-DGF, a consortium of donor for good governance
programs in Uganda.
In February 2020, President
Yoweri Museveni wrote to the Ministry of Finance to halt the facility and
accused the Permanent Secretary of irregularly and unilaterally authorizing a
foreign mission in Uganda to operate the 100 million pound sterling fund. He said
that unlike prior grant arrangements like the Democratic Governance and
Accountability project in which there was transparency and representations from
government, the government had no say or oversight in DGF and how the facility
was being administered in the country.
Addressing journalists at
the IPOD secretariat in Ntinda on Tuesday, members of the IPOD Council appealed
to the government to lift the suspension on DGF, saying its suspension has
crippled political party activities. The IPOD council comprises Secretary
Generals of political parties with representation in Parliament.
Richard Todwong, the
General Secretary of the ruling National Resistance Movement-NRM said DGF was
funding capacity building activities in political parties, including training
of members especially those being groomed for leadership. He said that now
parties cannot conduct such activities due to lack of funds.
Details at: https://www.independent.co.ug/ipod-council-appeals-to-govt-over-dgf-suspension/
ACTION
POINT:
The suspension of the DFG
operations in Uganda has not only compromised and crippled human rights
operations in both civil society but also government organs that hitherto were
being supported by the facility. On an individual level, employment has been
lost and aggregately, this negatively impacts on the overall economic
performance but also on a unit level, affected household standards of living.
Government should on the premise of the negative implication of the suspension,
expedite the negotiations process with DGF so that the suspension is lifted to
avoid more negative effects that may arise.
RIGHT
TO PROPERTY/LAND: CIVIL SOCIETY ACTORS CAUTION AGAINST STATE LED REFORMS ON
MAILO TENURE
Civil society activists
have cautioned the government against directly instigating reforms on the mailo
land tenure system as a solution to rampant evictions in the country. The
proposal comes at the height of great suspicion by the Buganda Kingdom over a proposal
by the central government to cause reforms in the land administration regimes,
including but not limited to abolition of mailo land tenure system which is
most prevalent in Buganda.
Speaking during a meeting
organized by Food Rights Alliance-FRA, on the evolution of mailo tenure system
in Uganda, the activists argued that state-led reforms will not resolve
underlying challenges in the land administration, due to the apparent bias with
which sections of people perceive government initiatives.
ACTION
POINT:
Article 237 of the
constitution of the Republic of Uganda clearly stipulates that land in Uganda
belongs to the citizens of Uganda and shall vest in them in accordance with the
land tenure system provided for in this constitution.
The Constitution under
article 237 subsections 3 clearly indicates that, “Land in Uganda shall be
owned in accordance with the following land tenure systems; customary,
freehold, Mailo and Leasehold. Due to the peculiarities and uniqueness of the
Ugandan societies, each region adopted a land tenure system that fits into its
historical realities, customs, values and traditions and therefore utmost care
must be given to redefining the systems in place while engaging the affected
parties in those specific regions so that in the process of solving some of the
challenges in the tenure system, more dire problems are not created.
RIGHT
TO LIFE: UPDF ISSUES SHOOT TO KILL ORDERS AGAINST ARMED WARRIORS RESISTING
DISARMAMENT
The UPDF 3rd Division
Commander Brigadier Joseph Balikudembe has issued shoot to kill orders against
any warrior who puts up resistance during the ongoing disarmament exercise. Brigadier
Balikudembe issued the orders during the official launch of the cordon and
search operations in Nabilatuk, Amudat and Nakapiripirit districts.
Addressing local leaders,
elders, youths and religious leaders in Nabilatuk district, Brigadier
Balikudembe said there would be no more mercy for armed warriors who try to
resist the forceful disarmament once there is credible information implicating
them.
Source and details: https://www.independent.co.ug/updf-issues-shoot-to-kill-orders-against-armed-warriors-resisting-disarmament/
ACTION
POINT:
Human
Rights Defenders working in the Karamonja sub-region and specifically those
engaging on issues of peaceful disarmament should engage with the UPDF leadership
so that more friendly and amicable means of disarming those with guns are
employed.
REGIONAL NEWS:
PEACEFUL
COEXISTENCE: SOUTH SUDAN LEADERS AGREE TO END CLASHES
Leaders in South Sudan
on Tuesday reached an agreement to end the ongoing violence that is threatening
the peace process. The agreement comes after South Sudan President Salva Kiir
convened a meeting following the latest outbreak of violence between two factions
of the Sudan People’s Liberation Army / In Opposition (SPLA/IO) party -
one loyal to Dr Riek Machar, the vice president of South Sudan, and another led
by Gen Simon Gatwech Dual.
At least 32 people
were reported dead in the clashes that broke out on Saturday, just days after
Machar’s rivals in his SPLA/IO said they had ousted him as party leader and
head of its armed forces. A press release signed by the South Sudan minister of
presidential affairs, Dr. Benjamin Barnaba Marial, stated that the president
called for the immediate unification of the command of the forces that are
involved in the fighting.
More
information at: https://www.monitor.co.ug/uganda/news/national/south-sudan-leaders-agree-to-end-clashes-3509022
ACTION
POINT:
Peace is a prerequisite
for human rights promotion and protection. If South Sudan and other neighboring
countries are at peace, Uganda too will experience peace and therefore create a
conducive environment for human rights defenders’ work. It’s therefore
concerted call on all relevant stakeholders to welcome this move and work towards
its reality.
CONCLUDING REMARK:
The Human Rights Centre
Uganda encourages all Human Rights Defenders to continue adhering to the
Standard Operating Procedures so as to limit the spread of covid-19 in the
country.
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