HRCU WEEKLY UPDATE: ISSUE NO. 38 OF 2022

 


THE HUMAN RIGHTS CENTRE UGANDA (HRCU)

WEEKLY UPDATE ON KEY EMERGING HUMAN RIGHTS ISSUES WITHIN THE WORKING ENVIRONMENT OF HRDs IN UGANDA

THE WEEK OF 17TH TO 23RD OCTOBER 2022

Welcome to this new week!  We hope and trust that you and your loved ones/team are well.

Please receive and read through some of the key issues that emerged through the course last week (October 17 – 23, 2022). HRCU remains committed to monitoring, documenting, and sharing with you information with the aim of not only updating you on what happened in the course of the week but also requesting you to undertake actions that shall contribute to a better environment for the promotion, protection, and realization of human rights and fundamental freedoms in Uganda and world over. Below are some of the stories:

BIRTHDAY CELEBRATION

On Sunday 23rd October 2022, HRCU Executive Director, Ms. Margaret Sekaggya was among the many people who celebrated their birthdays. We thank God for her life and the lives of those born on that date and pray that God will continue to give her and them a long life and strength to do what they are purposed to accomplish.

HEALTH WATCH

EBOLA LOCKDOWN STRAINS HOSPITALS, SCHOOLS

A section of health workers and teachers in Mubende and Kassanda districts are struggling to access their respective workplaces following a 21-day lockdown instituted to contain the Ebola outbreak. President Museveni suspended private and public transport, including boda bodas, in the two districts after the disease claimed 19 lives.

Since Monday, October 17, several teachers and health workers have queued at the office of the Mubende Resident District Commissioner, seeking movement permits to use their motorcycles and vehicles in vain. 

The only successful people have been head teachers and examination invigilators, who were issued temporary movement permits.

Teachers  wait for movement permits at the  office of the Mubende Resident District Commissioner on October 19, 2022. PHOTO/DAN WANDERA

Source:https://www.monitor.co.ug/uganda/magazines/healthy-living/ebola-lockdown-strains-hospitals-schools-3993008

EBOLA OUTBREAK VS TOURISM: UGANDA SAFE FOR TOURISM DESPITE EBOLA, SAYS GOVT

Foreign Affairs State Minister Okello Oryem assured foreign tourists that Uganda is a safe destination despite an Ebola outbreak that has killed 25 amid 64 cases.

Mr Oryem advised tourists against cancellation of bookings to Uganda emphasizing that “the Ebola outbreak in the two districts of Mubende and Kasanda is being managed well given experience from handling past epidemics and pandemics.”

“The border and airport are not closed. We are open for business and look forward to welcoming our foreign tourists,’’ he remarked at the Foreign affairs ministry headquarters in Kampala while launching the program for the Uganda-Kenya Tourism conference, exhibition and Familiarization trip between tour operators from the two countries scheduled for November.

Mr Oryem blamed the West for over hyping epidemic outbreaks in Africa but challenged foreign countries to thoroughly investigate before issuing travel advisories stopping citizens from going to other countries over health concerns.

Foreign Affairs State Minister Okello Oryem. PHOTO/JULIET NALWOGA

Source:https://www.monitor.co.ug/uganda/news/national/uganda-safe-for-tourism-despite-ebola-says-govt-3992786

FREEDOM OF EXPRESSION: COMPUTER MISUSE LAW CHALLENGED BEFORE REGIONAL COURT

The Computer Misuse Amended Act, 2022 has now been challenged before the East African Court of Justice, barely a week after President Museveni assented to it.

A democracy and human rights watchdog, the Legal Brains Trust, filed the petition before the East African Court of Justice in the First Instance Division on Monday.

The Attorney General has been listed as the sole respondent.

“The applicant (Legal Brains Trust) alleges that all the provisions of Uganda’s Computer Misuse (Amendment) Act passed by Parliament of Uganda on September 9, or thereabouts and signed into law by the President, on October 13, are an infringement of the principles of good governance enshrined in Articles 6 (d) and 7 (2) of the Treaty for the establishment of the East African Community, including adherence to the principles of democracy, rule of law, accountability, transparency, social justice, equal opportunities, as well as the recognition, promotion, protection and maintenance of universally accepted standards of human rights,” reads the petition in part.

According to Legal Brains Trust, the enactment of the impugned law was arbitrary initiated by a Member of Parliament, who was injudiciously and irrationally allowed to move a Private Member’s Bill that was containing clauses that are blatantly threatened to violate the principles of good governance enshrined in Articles of 6 (d) and 7 (2) of the Treaty.

The human rights watchdog further states that in enacting the said law, Uganda violated its duties under Articles 9, 13, and 25 of the African Charter on Human and Peoples Rights, Articles 25 of the International Covenant on Civil and Political Rights and Articles 29 (1)a, 38 and 43 of the Ugandan Constitution.

Some of the members of ‘The Alternative DigiTalk’, an online TV, hold placards outside the Constitutional Court after filing a petition challenging the Computer Misuse Act on October 19, 2022.  PHOTO | ABUBAKER LUBOWA

Source: https://www.monitor.co.ug/uganda/news/national/computer-misuse-law-challenged-before-regional-court-3990562

ACCESS TO JUSTICE: EBOLA LOCKDOWN AFFECTS 500 COURT CASES

The 21-day Ebola lockdown in Mubende and Kassanda districts will on average affect more than 500 cases lined up for expedited hearing and determination in courts under the Mubende judicial area, the Judiciary has said.
The affected cases are before the Chief Magistrate’s Court which takes charge of both districts. 

Although the area has high courts and a sub-registry for Industrial court, an October 19 cause list displayed at the court notice board yesterday only displayed the cases under the Chief Magistrate’s Court. 

A total of 148 cases were due for expedited hearing and determination respectively between October 17 and 21 but will now have to be rescheduled. 

Sources at the Chief Magistrate’s Court yesterday told this publication that while the judicial officers are available, a bigger number of the affected litigants and their lawyers are unable to access the court due to the travel ban.
“It would be unfair to cause a hearing for a particular case where one of the concerned parties is unable to come to court because of the travel ban. In such a circumstance, we have to reschedule the case to a date after the lockdown. The court cannot issue arrest and production warrants at the moment,” the source said.


Source;https://www.monitor.co.ug/uganda/news/national/ebola-lockdown-affects-500-court-cases--3992044

THE RIGHT TO APPLY FOR BAIL: CITY LAWYER CHALLENGES JUDICIARY’S NEW BAIL GUIDELINES

A lawyer challenged the Judiciary’s new bail guidelines that were recently issued by Chief Justice (CJ) Alfonse Owiny-Dollo.

In an October 18 petition now before the Constitutional Court, Mr. Steven Kalali accuses the CJ of abusing his administrative powers, saying this should have been Parliament’s role since it is the one with the constitutional mandate to come up with pieces of legislation in the country.

Mr. Kalali also claims the new guidelines were processed and issued without the participation of the general public.

The new guidelines

In the new bail guidelines launched in July, a judicial officer has to hear and determine a bail application within one month, unlike before when the time to hear a bail application was open-ended.

There is now uniformity of bail terms issued by judicial officers, unlike before when judicial officers could give different bail terms on similar offences.

In the new guidelines, a complainant can raise their hand in court during the bail application session and be given chance to speak out on issues that he or she thinks can have a bearing on the outcome of the ruling.

The guidelines also demand that court may now grant bail to a vulnerable person on his or her own recognizance or on recognizance being entered into by his or her parent, guardian or other responsible person, with or without sureties. 

Chief Justice (CJ) Alfonse Owiny-Dollo 

Source: https://www.monitor.co.ug/uganda/news/national/city-lawyer-challenges-judiciary-s-new-bail-guidelines-3991874

 CONCLUDING REMARKS

1.   The right to apply for bail is a fundamental right guaranteed under Article 23 (6) of the 1995 Constitution of the Republic of Uganda. The foundation of this right roots in Article 28 of the same Constitution which states that an accused person shall be presumed innocent until he/she is proven or pleads guilty. The right to apply for bail also protects an accused person’s right to a fair and speedy hearing before an independent and impartial court or tribunal established by law. The right to a fair hearing is an inviolable right provided for under Article 44 of the Constitution.

2.   The right to apply for bail in Uganda has over the years remained controversial despite the Constitution providing that an accused person shall be released on bail at the discretion of the Courts of Judicature. The powers of the court on bail have many times been challenged by different stakeholders including the President who also recently questioned the independence of the Judiciary. Therefore, with the above analysis, there is a need for HRDs and other key stakeholders including State actors to continue creating awareness through different advocacy initiatives and edify the contextualization and understanding of this right as a way to ensure that the rights of pre-trial detainees are not abused or infringed upon.

3.   As government agencies especially security personnel enforce the lockdown measures in the districts of Mubende and Kassanda to curb the spread of Ebola disease, it is important that throughout the process, citizens’ rights and freedoms are upheld at all times. The application of the human right-based approach remains key.

 

We thank you for reading. All the best in this new week

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