HRCU WEEKLY UPDATE: ISSUE NO.31 OF 2021

 

THE HUMAN RIGHTS CENTRE UGANDA (HRCU)

WEEKLY ANALYSIS OF HUMAN RIGHTS AND KEY EMERGING ISSUES WITHIN THE HUMAN RIGHTS DEFENDERS’ WORKING ENVIRONMENT

THE WEEK OF 16^TH TO 22^ND AUGUST, 2021

Welcome to the new week where we look forward to continuing to work together to promote and strive for the protection and realization of human rights and fundamental freedoms in Uganda and the world over.

Last week had some key issues that emerged including the demise of Lt. Gen. Pecos Kuteesa https://www.monitor.co.ug/uganda/news/national/lt-gen-pecos-kutesa-dies-in-india-3514914 on Tuesday 17th August 2021 and Maj. Gen. Paul Lokech https://www.independent.co.ug/maj-gen-lokech-is-dead/ on Saturday 21^st August 2021. Their demise is a great loss not only to their immediate families and relatives but to the entire nation that they served diligently and with undivided loyalty.

Below are some of the stories that were documented in the week of 16^th to 22^nd August 2021.

COVID-19 SITUATION UPDATE IN UGANDA

Results of COVID-19 tests done on 21 August 2021 confirm 104 new cases. The cumulative confirmed cases are now 118,777. The breakdown of new cases are: 102 Alerts and Contacts: Kalaki (25), Kampala (24), Adjumani (6), Soroti (5), Oyam (4), Wakiso (12), Kabarole (3), Mbale (3), Rukungiri (3), Bukomansimbi (2), kabale (2), Kapchorwa (2), Tororo (3), Mbarara (1), Sironko (1), Bududa (1), Kyotera (1), Bulambuli (1), Kumi (1), Kasese (1), Amuru (1) 2 Truck drivers from Kyotera and Kampala.

Source: https://twitter.com/MinofHealthUG/  

CALL TO ACTION:

It is everyone’s responsibility to observe the standard operating procedures including the wearing of face masks when in public places and spaces, regularly washing hands or sanitizing and maintaining social distance when interacting with anyone. https://twitter.com/hashtag/STAYSAFEUG?src=hashtag_click

NGO REGULATION: WHY UGANDA’S NGO BUREAU SUSPENDED OPERATIONS OF 54 NGOS

The National Bureau for Non-Governmental Organizations-NGO Bureau suspended the operations of 54 NGOs. According to the Bureau’s Executive Director Stephen Okello,  investigations were conducted which revealed that 23 NGOs were  operating with expired permits, 15 had failed to file annual returns and audited books of accounts while 16 were operating without registering with the Bureau.

The NGO Act requires all NGOs to register with the NGO Bureau, acquire and renew their permits annually to continue operations and also file their annual and audited books of account with the NGO Bureau. The Bureau is mandated to register, regulate, monitor, inspect, coordinate and oversee all NGO operations in the country.

Okello said the NGOs had been non-complaint and hence ordered that they halt their operations immediately until all matters are resolved.

Chapter Four’s Nicholas Opiyo with the US Ambassador Natalie E. Brown December 18, 2020. The NGO he works for has also been suspended

Source: https://www.independent.co.ug/ngo-bureau-suspends-operations-of-54-ngos/

CALL TO ACTION:

It was a good gesture for the National Coalition of Human Rights Defenders to issue a press statement in this regard through which it called on all its members to stay calm as the matter was being handled between the affected parties and the regulator. In the same spirit, civil society actors were called upon to always be on their guard and comply with all the requirements as are set out by the Bureau and other regulators/agencies of government. https://hrdcoalition.ug/statement-from-the-national-coalition-of-human-rights-defenders-uganda-nchrd-u/

TEENAGE PREGNANCIES: MASAKA REGISTERS 1,000 CASES OF TEENAGE PREGNANCIES

At least 1,064 teenage girls were reported to have been impregnated in Masaka district during the Covid-19 induced schools holiday. The victims, according to records at the District Probation Office are adolescent girls aged between 12 and 19.

Masaka District Senior Probation Officer Maria Nagawa says that their report traces figures captured between the months of March and November 2020, the period of the first phase of the lockdown.  She explains that the figures are traced from official records of expectant mothers who sought antenatal healthcare services at the various health facilities in Masaka district and the city inclusive.

She expressed anxiety that in reality, the number may even be more than double, owing to the prolonged lockdown and the presence of several other cases that might have remained unreported in communities.

Besides the pregnancies, the report also indicated a total of 688 other forms of human rights abuses against children in the same period  including cases of child labour, neglect, and torture, and domestic violence that directly caused harm to children among other offenses.

Source: https://www.independent.co.ug/masaka-registers-1000-cases-of-teenage-pregnancies/

CALL TO ACTION:

There are a number of organizations and institutions working towards protection of the rights accruing to children. It is pertinent to note that in addition to these human rights defending organizations and institutions, parents and guardians have the duty to care for and bring up their children. Caring includes protecting them from third parties who might cause them “harm.” But better still, there is urgent need to have all relevant parties including elders and church leaders speaking to these children/teenagers and guiding them in the way they should go so that as they grow, they will not depart from it.

CIVIL AND POLITICAL RIGHTS | BY-ELECTIONS: COURT ORDERS FRESH ELECTIONS IN ARUU SOUTH

Gulu High court judge justice Asiimwe Tadeo has ordered for fresh election in Aruu South County. This follows an election petition filed by Samuel Odonga Otto, the former Aruu County MP challenging the nomination of his rival Charles Komakech. In his petition, Otto said that Komakech did not resign from his position as a psychiatrist nurse at Butabika National Referral hospital.

In his ruling on Friday, justice Asiimwe said that Komakech wrongly addressed his resignation to the executive director of Butabika hospital instead of the permanent secretary Health Service Commission since he was a pensionable public servant, as per the public service standing order. He added that by addressing the resignation letter to the wrong authority, Komakech is good as a public servant who did not resign. Asiimwe ordered the Election Commission to carry out a fresh election for the constituency. He also advised Komakech to follow the right procedure of resigning before he could join the race. Justice Asiimwe however rejected Odonga’s two requests of court declaring him as the duly elected MP of Aruu South County and Komakech paying costs.

Samuel Odonga Otto

Source: https://observer.ug/news/headlines/70931-court-orders-fresh-elections-in-aruu-south

CALL TO ACTION:

The Electoral Commission and other relevant bodies have the task to sensitize the public about the requirements for anyone wishing to contest for political seats. Even in cases where this is done, there is need for further scrutiny and due diligence. Otherwise, it becomes more costly in terms of time and resources to reorganize an election. Appreciation goes to all the human rights defenders and guty bearers who work tirelessly to see that justice and fairness are attained at all material times.

JUDICIAL APPOINTEMNETS: MUSEVENI APPOINTS FIVE NEW HIGH COURT JUDGES

President Yoweri Kaguta Museveni has appointed five new High Court judges and two Constitutional Court justices. Those appointed High court justices include the former acting Chief Registrar of the Judiciary, Tom Chemutai, the Deputy Director of Public Prosecutions Vincent Wagona, Assistant Director of Public Prosecutions Alice Kyomuhangi, the Deputy Director of Law Development Centre Florence Nakachwa and Lawrence Tweyanze, the current Deputy Registrar in the Department of  Inspectorate of Courts

Those appointed to the Constitutional Court are Jinja Resident Judge Eva LuswataKawuma and Deputy Solicitor General, Christopher Gashirabake. Museveni has submitted the names of the appointees to the Speaker of Parliament Jacob Oulanyah for vetting and approval.

Once approved by parliament, the nominees will bring to 57, the number of High court judges and 15, the number of Court of Appeal justices.

President Museveni

Source: https://www.independent.co.ug/museveni-appoints-five-new-high-court-judges/

IMPLICATION AND CALL TO ACTION:

Human rights defenders have aver time advocated for the appointment of judicial and other officials into public offices so as to expedite service delivery and reduce on backlog. The appointment of these judicial officers is a welcome move and human rights defenders working on matters of access to justice should take advantage to work with the appointed officials to see that the matters brought to their attention are handled not only professionally but in a timely manner. 

LEGISLATION: MUSEVENI DECLINES TO ASSENT TO SEXUAL OFFENCES, SUCCESSION BILLS

President Yoweri Museveni declined to assent to the Sexual Offences Bill, together with the Succession Amendment Bill passed by the 10^th Parliament earlier this year.

The Sexual Offences Bill which was presented before Parliament by former Kumi Woman MP Monica Amoding, provides for the criminalization of a range of sexual offences such as indecent utterances, gestures and touches to the sexual organs of another person. It stipulates that a person who performs a sexual act with another person without their consent is liable on conviction, to imprisonment for life. The bill also creates an offense for a person who transmits, transfers, sends, forwards, directs material of a sexual nature to another without their consent.

The framers of the law argued that whereas the Penal Code provides for a number of sexual offenses, the provisions were outdated and did not reflect the evolving trends in social attitudes, values, and sexual practices.

Deputy speaker, Anita Among informed legislators that the President pointed out several offenses regarding morality that are provided for under the Penal Code Act and that although the Uganda Law Reform Commission started a comprehensive review of all criminal related laws and their proposed amendments presented by the Minister of Justice and Constitutional Affairs to the Legal and Parliamentary Affairs Committee of Parliament, they were never considered.

In a separate letter, Museveni also returned to Parliament the Succession (Amendment) Bill requesting for its reconsideration. The bill sought to introduce a new agreement of sharing property where a spouse has died intestate.

Read more at: https://observer.ug/news/headlines/70897-museveni-declines-to-assent-to-sexual-offences-bill-and-succession-bill

CALL TO ACTION:

Debate and advocacy continues in this regard. All laws must conform to basic standards including giving consideration for the promotion and protection of human rights and fundamental freedoms for all. Human rights defending organizations that have been leading advocacy on these two laws may have to re-strategize and engage with the 11^th Parliament and other relevant actors to have the laws Bills passed into law. However, the President’s comments and reasons for returning the Billls to Parliament will have to first be considered and addressed.

RIGHT TO EDUCATION: OVERLOADED CLASSES TO STUDY IN SHIFTS – JANET

Education and Sports minister Janet Museveni said classes that have accumulated many students due to the closure of schools will study in shifts once the government reopens them. The classes that will be overloaded include Senior One, Senior Five, and first year university classes. Others are Primary One to Three, who have spent nearly two years without studying. This is because parents with children in the top and middle class will likely promote their children to the next level of learning.

Ms. Museveni, while releasing the 2020 Uganda Advanced Certificate of Education (UACE) exams on Friday 20^th August 2021 said some students in overloaded classes will study in the morning while others in the evening.

She said the format of double shifts had been tried in the refugees camps adding that they will announce the reopening dates for schools after Cabinet has approved it.

 

The Minister of Education, Ms Janet Museveni. PHOTO/FILE/DAVID LUBOWA

ACTION FOCUS:

Undoubtedly, children have stayed longest in homes and every parent or guardian must be anxious about what will happen next if schools are not reopened soon. Human rights defenders especially those focusing on the right to education and parents can continue to advocate for the reopening of all schools with strict consideration for the current context tainted with COVID-19 pandemic. A clear and practically applicable and user friendly strategy needs to be developed by the Ministry of Education and Sports at the earliest pint in time so as to be adopted for the future of the children of Uganda.

THE CALL END TORTURE: TORTURE, DISRESPECTING HUMAN RIGHTS ARE ABOMINATIONS- POLICE COMMANDERS WARNED

The Police Chief of Joint Staff, Maj. Gen. Jack Bakasumba has warned the force’s commanders to ensure they respect human rights of citizens or else there won’t be any compromise on those disregarding the directive. He  was on Friday 20^th August 2021 speaking during the pass out of 43 commanders who had just completed a four month intermediate command and staff course at the Police Senior Command and Staff College in Bwebajja, along Entebbe road in Wakiso district.

The Police’s Chief of Joint Staff told the commanders that the training they have got should be applied while conducting their day to day work for the force.

According the Police director in charge of Human Resource Development, AIGP Godfrey Golooba the training has not only given the officers a foundation but also dealt some depth in what is expected of them as commanders.

The Police Human Resource Development director however urged the public to always respect police officers while carrying out their duties to avoid scuffles between the two.

The Police director’s remarks come on the backdrop of President Museveni’s warning to security forces to stop torture and any forms of human rights violations. He said torture and any other forms of human right violations would reverse the gains of the struggle and what forced the NRA to go to the bush for five years to liberate the country.

 

Source: The Nile Post: https://nilepost.co.ug/2021/08/20/torture-disrespecting-human-rights-are-abominations-police-commanders-warned/

ACTION POINT:

It is clearly stated under Article 24 of the Constitution that no one shall be subjected to torture, inhuman, degrading treatment or punishment and under Article 44, torture is one of the non-derogable rights. Both the rights holders and the duty bearers have the responsibility to observe and uphold human rights and fundamental freedoms. It is important for all of us to read and appreciate the sections of the Prevention and Prohibition of Torture Act, 2021 https://ulii.org/akn/ug/act/2012/3/eng%402012-09-18  

CONCLUDING REMARK

Each week brings in its own dimension within the operating environment of human rights defenders. What matters most is to not only continue monitoring, documenting and reporting on some of these pertinent issues that keep arising  but also take the necessary action(s) to address the matters from time to time.