HRCU WEEKLY UPDATE: ISSUE NO.45 OF 2021

THE HUMAN RIGHTS CENTRE UGANDA (HRCU)

WEEKLY UPDATE ON HUMAN RIGHTS AND KEY EMERGING ISSUES WITHIN THE WORKING ENVIROMENT OF HRDS IN UGANDA

THE WEEK OF TO 22nd to 28th NOVEMBER, 2021

As we end the month of November, we would like to thank you for the work well done in promoting and protecting human rights from all angles, at all levels.

 As you may have noted, last week had a running  story of the  outbreak of a  new Omicron COVID-19 Variant in south Africa that forced several countries like Israel to close their boarders https://www.bbc.com/news/world-middle-east-59448547 and others like the United States to impose travel bans on passengers from Southern Africa.

Below are some of the highlights. We request that you please click on the links as provided in case you wish to read more details.

COVID19 UPDATES

Results of COVID-19 tests done on 27 November 2021 confirm 34 new cases. The cumulative confirmed cases are now 127,485. The breakdown of the new cases is: 34 Alerts and Contacts; Wakiso (9), Kalaki (5), Mbarara (4), Kabarole (3), Kampala (5), Rakai (1), Pader (1), Kotido (1), Moroto (1), Napak (1) Amuru (2), Isingiro (1).

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

COVID19 VACCINATION CAMPAIGN: TAKING THE COVID JAB SHOULD NOT BE FORCED, EXPERTS SAY

The experts in respective professional fields gave their insights during the 7th virtual Town Hall meeting on Monday in Kampala, where the panelists debunked myths and interrogated the science and place of human rights and freedoms post the Covid-19 pandemic.

Mr. Eron Kiiza, a human rights activist said that as much as vaccines play a crucial role in protecting the body against Covid-19, there is no legal basis for forcing people to take them

“Taking vaccines should be a matter of choice. People have a right to live a dignified life and this is injured when you force people to take some kind of medication,” Mr. Kiiza said.

A health worker attached to the Uganda People’s Defense Forces (UPDF) administers Covid-19 vaccine

Source: https://www.monitor.co.ug/uganda/news/national/taking-covid-jab-should-not-be-forced-experts-say-3630962

OMICRON COVID19 VARIANT: NETHERLANDS REPORTS 13 CASES OF OMICRON VARIANT

The Dutch Health Authority said on Sunday 28th November 2021 that it found 13 cases of the new Omicron coronavirus variant among passengers on flights from South Africa. The cases were identified among 61 passengers who tested positive for coronavirus, the National Institute for Public Health and the Environment (RIVM) said in a statement.

In an ongoing sequencing study, the new coronavirus variant B.1.1.529, or Omicron, first reported in South Africa, has been identified in 13 of the positive tests, said the RIVM.

Omicron (B.1.1.529): SARS-CoV-2 Variant of Concern

NEW OMICRONCOVID19 VARIANT: AFRICA CDC URGES STRONG COVID-19 PREVENTION MEASURES AMID EMERGENCE OF NEW VARIANT

The Africa Centers for Disease Control and Prevention (Africa CDC) on Friday 26th November 2021 urged African health authorities to intensify COVID-19 prevention measures amid the emergence of a new variant.

The Africa CDC made the call a day after the National Institute for Communicable Diseases (NICD) in South Africa announced the detection of a new variant, B.1.1.529, of the SARS-COV-2, the virus that causes COVID-19 pandemic. The World Health Organization on Friday classified it as a “Variant of Concern.”

Vaccination remains a key tool to prevent severe cases and deaths from COVID-19 infect

Source: https://www.independent.co.ug/africa-cdc-urges-strong-covid-19-prevention-measures-amid-emergence-of-new-variant/

COVID19 THIRD WAVE: DR. KYOBE: MORE RESOURCES NEEDED TO HANDLE UGANDA 3RD COVID WAVE

Lt. Col Dr. Henry Kyobe, the National COVID-19 Incident Commander said that the Ugandan health system might not fare any better than it did during the second wave.

According to Kyobe, the core capacities needed to respond to the disease have not improved even from experience.

Kyobe adds that at the moment, hospitals should be increasing the patient beds in preparation for the next wave. He says that due to low infections; some hospitals are reducing the number of COVID-19 beds.

Dr Kyobe

Source: https://www.independent.co.ug/dr-kyobe-more-resources-needed-to-handle-uganda-3rd-covid-wave/

COVID19 RUMINATION AND SAFETY TIP

The outbreak of the new omicron COVID19 variant in south Africa has raised  tensions around the world and this has seen countries like Israel close their boarders https://www.bbc.com/news/world-middle-east-59448547  and others like US and in Europe have restricted flights and travels from South Africa https://www.bbc.com/news/world-59427770 as measures to contain the spread of this new covid19 variant. Therefore, as we await a statement from the Ministry of Health, HRCU, would like to urge all HRDS and the general public to be observant of all the existing guidelines of washing hands, keeping a social distance and wearing a face mask while in public and above all get vaccinated. The fight seems not to end soon thus we shouldn’t also capitulate in this fight.

HUMAN RIGHTS AND KEY EMERGING STORIES:

PROMOTING JUSTICE AND RULE OF LAW: ENSURE JUSTICE FOR ALL, CHIEF JUSTICE TELLS NEW JUDGES

Chief Justice Alfonse Owiny-Dollot asked the seven newly-appointed justices of the Court of Appeal and the High Court to always ensure justice for all.

The Head of the Judiciary further quoted Article 126 of the Constitution that states that judicial power is derived from the people and shall be exercised by the courts in the name of the people and in conformity with the law, values norms and aspirations.

“To achieve these constitutional dictates, it is imperative that we work together for the good of our people while observing the principals of our judicial creed that underpins our judicial code of conduct,” Justice Owiny-Dollo said.

He named independence, impartiality, integrity, propriety, equality, competence and diligence as some of the judicial codes of conduct.

Chief Justice Alfonse Owiny-Dollo. PHOTO/FILE

Source: https://www.monitor.co.ug/uganda/news/national/ensure-justice-for-all-chief-justice-tells-new-judges-3627994

THE NSSF (AMENDMENT) BILL: PARLIAMENT PASSES NSSF BILL, OKAYS MID-TERM ACCESS

Parliament on the Wednesday 24th November 2021, considered and passed the National Social Security Fund (Amendment) Bill, 2021. The bill that allows 20% midterm access for workers who have saved for over 10 years and have reached the age of 45, now awaits Presidential consent.

There has been a big contestation on whether the supervisory role of NSSF funds should be under the Ministry of Gender, Labour and Social Development or remain under the Ministry of Finance, Planning and Economic Development under the new NSSF (Amendment) Bill, 2021 which is currently before Parliament.

NSSF MD Richard Byarugaba presents the fund’s performance for FY2020/21 at a press conference on Sept.23.

Source: https://www.independent.co.ug/parliament-passes-nssf-bill-okays-mid-term-access/.

CALL TO END EXTRA-JUDICIAL KILLINGS: LAWYERS PETITION HUMAN RIGHTS COMMISSION OVER KILLINGS OF ALLEGED TERROR SUSPECTS

Human rights lawyers petitioned the Uganda Human Rights Commission-UHRC over extrajudicial killings of terror suspects.

The lawyers under their umbrella, the Uganda Muslim Lawyers Association, Muslim Center for Justice and Law, and Network for Public Interest Law-NEPTIL, want the commission to open and conduct investigations, hear, make orders and issue a report about the alleged extra-judicial killing of citizens by security agencies.

Ali Kankaka, the President of Uganda Muslim Lawyers Association said security should be held accountable for the killing of suspects in their custody. Recently, following the Kampala city twin bombings, security personnel killed a Muslim cleric Sheikh Abbas Kirevu for his alleged links to the Allied Democratic Force-ADF rebels.

UHRC chairperson Mariam Wangadya. File Photo

Source and details: https://www.independent.co.ug/lawyers-petition-human-rights-commission-over-killings-of-alleged-terror-suspects/

THE RIGHT TO A FAIR HEARING: MEMBERS OF PARLIAMENT MOHAMMAD SSEGIRINYA AND ALLAN SSEWANYANA COMMITTED FOR TRIAL

Kawempe North Member of Parliament Mohammad Ssegirinya and Makindye West legislator Allan Sewanyana were committed to the High court for trial on charges of murder, attempted murder, terrorism and aiding a terror group.

This Director of Public prosecution ordered for their committal after police completed investigations into their case. The legislators are jointly charged with Sserwada Mike, Wamala Bulo, Mugerwa John and Kanyike Jackson. The legislators denied the charges.

The DPP Jane Frances Abodo, intends to prove that the accused and others still at large between the month of January and August 2021, with intent to intimidate the public or a section of the public and for political, religious, social or economic aim indiscriminately without due regard to the safety of others or property, directly involved themselves or were complicit in the   murders including that of Mugerwa Kizza Francis. They committed the offenses in Kampala, Rakai and Masaka districts.

Mps Mohamad Ssegirinya and Allan Sewanyana Image: Courtesy Photo

Source and details: https://capitalradio.co.ug/news/2021-11-23-members-of-parliament-mohamad-ssegirinyaand-allan-sewanyana-committed-for-trial/

FIGHTING SGBV AGAINST WOMEN: UN CHIEF CALLS FOR POLICY CHANGE TO ELIMINATE VIOLENCE AGAINST WOMEN AND GIRLS

UN Secretary-General Antonio Guterres on Wednesday 24th November 2021, called for policy change to eliminate violence against women and girls.

Violence against women is not inevitable. The right policies and programs bring results, he told a UN event marking the International Day for the Elimination of Violence against Women and Girls, which falls on Nov. 25.

“That means comprehensive, long-term strategies that tackle the root causes of violence, protect the rights of women and girls, and promote strong and autonomous women’s rights movements,” he said in a video message.

UN chief Antonio Guterres

Source and details:https://www.independent.co.ug/un-chief-calls-for-policy-change-to-eliminate-violence-against-women-and-girls/

FREEDOM FROM TORTURE: NUP’S BIGIRWA PETITIONS DPP OVER TORTURE CLAIM

In a November 22 letter, Mr. Moses Bigirwa, through his lawyers of Semengo and Company Advocates claimed that upon his arrest and detention at Kibuli Police Station on November 5, he was later handed over to CMI who subjected him to torture and degrading treatment. In the petition, he has appealed to the DPP to cause an investigation into the conduct of the police officers.

Mr. Bigirwa was on November 11 arraigned before Buganda Road Court and charged with attempting to defraud the Deputy Speaker of Parliament, Ms Anita Among, a charge he denies, and remanded to Kitalya prison.

Moses Bigirwa (left) and PidsonKareire at the Buganda Chief Magistrate’s Court in Kampala November 11. PHOTO/BETTY NDAGIRE

Source and details: https://www.monitor.co.ug/uganda/news/national/nup-s-bigirwa-petitions-dpp-over-torture-claim-3631348

KEY OBSERVATIONS AND COMMENTS FROM THE UPDATES

1.  The message by the Chief Justice to the newly appointed Judges and Magistrates is a significant move in ensuring the protection and promotion of fundamental human rights and access to justice. It is pertinent that judicial officers should always exercise their judicial powers in accordance with Article 126 of the 1995 Uganda constitution which affirms that judicial powers are derived from people. Whatever they do should be in the interest of offering justice for all without any partiality.

2.   The use of torture on inmates or suspects is highly condemned not only nationally under the Prevention and Prohibition of Torture Act, 2012 but also internationally under the Optional Protocol to the Convention against Torture, Cruel, Inhuman or Degrading Treatment or Punishment. Acts of torture are criminal and constitute serious violations of human rights like the right to life, respect of human dignity and protection from inhuman treatment. https://www.ohchr.org/documents/professionalinterest/cat.pdf.

3.   The state has the legal obligation of protecting the right to life of its citizens. It  Under Article 22 of the Constitution of the Republic of Uganda, 1995 (as amended), it is  provided that nobody shall be deprived of their right to life except in execution of a sentence passed in a fair trial by a court of competent jurisdiction. State agencies such as Police and Uganda Human Rights Commission should carry out independent investigations into cases of extra-judicial killings and bring perpetrators to book.

 

4.   According to the United Nations, Gender-Based violence refers to harmful acts directed at an individual based on their gender. It is rooted in gender inequality, the abuse of power and harmful norms https://www.unhcr.org/gender-based-violence.html#:~:text=Gender%2DBased%20violence%20refers%20to,threatening%20health%20and%20protection%20issue. Therefore, as we commemorate the 16 days of activism against gender-based violence this year, it is important to consider the call by UN  on policy changes by putting in place stringent laws against gender based violence; have and massive advocacy campaigns and capacity building programs to equip women and girls with knowledge and skills to counter  the vice. Note should be taken that this is not just about women and girls.  Men too, ought to be greatly involved in the campaign. Together we can put an end to this global snag.

 

 Thank you for reading. We wish you a fruitful week and joyous entry into December 2021!

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