HRCU WEEKLY UPDATE: ISSUE NO. 42 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 14THTO
20TH NOVEMBER 2022
Dear
reader,
Welcome to
this new week!
We
hope that you had a restful weekend and that you have enough strength to carry
you through this week.
Please
receive and read through some of the stories that formed news last week with a focus on key human rights and human rights defenders issues that need to be
given further consideration and have relevant action(s) taken to improve the
working environment of human rights defenders in Uganda.
HRCU
commiserates with the country for the passing of Dr. Paul Kawanga Ssemogerere,
the former President General of the Democratic Party (DP). He will be remembered for his immense
contribution to rule of law, justice, and good governance.
HEALTH WATCH
EBOLA DISEASE:
MUSEVENI IMPOSES MORE RESTRICTIONS ON KASSANDA, MUBENDE
President
YoweriMuseveni banned trucks carrying timber logs from entering or leaving
Mubende and Kassanda districts, the epicenter of the Ebola outbreak. In a
televised address to the country last week, Museveni said although he had
allowed the movement of trucks carrying cargo including timber, some of the
drivers have abused the window and instead engaged in the transportation of
people which has led to the spread of Ebola to districts such as Wakiso,
Kampala, Masaka and Jinja.
“All trucks carrying logs are restricted into
Kassanda and Mubende for 21 days with immediate effect. If the operators of
these trucks were sensitizing their drivers not to mix with people, but to camp
like we used to do with Kenya drivers during Covid. But they are not doing that
therefore, for now, don’t move into or out of Kassanda and Mubende districts,”
Museveni said.
UGANDA BLOCKS CONTACTS
OF EBOLA PATIENTS FROM FOREIGN TRAVEL
Uganda’s
President Yoweri Museveni said contacts
and suspected contacts of Ebola patients will not be allowed to leave the
country in order to prevent the disease from spreading to other countries. He said a list of confirmed contacts has been
given to the immigration authorities who will prevent them from international
travel.
The
country has also started screening people at airports and land border points of
entry for temperature, symptoms and history of contact.
During
his fourth televised address to the country since the outbreak of Ebola in
September, President Museveni said that his Uganda’s efforts to curb the spread
of the deadly Ebola disease are starting to pay off as few new cases are
currently being recorded as compared to how the situation was a few weeks ago.
NATURAL DISASTERS AND THE RIGHT TO
LIFE: FIVE KILLED IN KAMPALA,
BUNDIBUGYO FLOODS
Floods killed five people and destroyed property in
Kampala City and Bundibugyo District following heavy rain.
The Kampala Metropolitan police spokesperson, Mr. Patrick Onyango, said three people died in Mutungo Zone 2 and 11.
“Our
territorial police at Jinja Road are investigating the incidents. The bodies
were taken to Mulago City mortuary for post-mortem,” said Mr Onyango.
The floods destroyed nine houses, killing
KannanBujjo, 25, Emma Kayanga, 20, and a four-months-old baby.
Mr. Wasiya David, the chairperson of Mutungo Zone 11,
told said that residents informed him about the tragedy.
Source:https://www.monitor.co.ug/uganda/news/national/five-killed-in-kampala-bundibugyo-floods-4023162
PROPERTY
OWNERSHIP AND DIVORCE: THE COURT DEFINES THE RIGHTS TO PROPERTY AFTER DIVORCE
The Court of Appeal ruled that
being married to someone does not automatically give you a right to his or her
property. A panel of three justices led by Justices Elizabeth Musoke,
Muzamiru Kibeedi and Christopher
Gashirabake ruled that Marriage does not give a spouse an automatic half-share
in the matrimonial property, but instead, his or her shares is dependent
on their contribution, either in form of monetary or non-monetary forms
or both.
The judges also defined the, the non-monetary
contribution, including; unpaid care and domestic work” rendered by a spouse
during the marriage like caring for the children, elderly and the sick members
of the family, household chores, cultivating food for the family subsistence
among others.
The judges further ruled of the said unpaid care and
domestic work could should be determined through taking into account the
monetary value principles like the value or cost of similar or substitute
services available on the labour or service market.
The Court further ruled that where one party has, in
the course of the marriage, contributed towards upgrading the other spouse in
terms of educating her/him, such contributions should be deducted from the
beneficiary spouse’s total claim for “unpaid care and domestic work.
FREEDOM
OF SPEECH: UGANDAN RIGHTS GROUPS SAY NEW
INTERNET LAW HINDERS FREE SPEECH
A coalition of leading Ugandan rights groups and
lawyers last week filed a case in court challenging a controversial new
internet law, which they say is aimed at curbing free speech and targeting
government opponents.
The amendment to the Computer Misuse Act, signed
into law by Ugandan President Yoweri Museveni last month, has been criticized
by Amnesty International, which has called for the "draconian"
legislation to be scrapped.
Nine rights groups, a former leader of the
opposition in parliament and three prominent lawyers lodged the petition at the
Constitutional Court on Thursday —the second court challenge to the law.
Nine rights groups, a former leader of the
opposition in parliament and three prominent lawyers lodged the petition at the
Constitutional Court on Thursday —the second court challenge to the law.
The petitioners — which include Chapter Four,
Uganda's most prominent rights group — say the law regulates online behavior in
a "vague and ambiguous manner". Uganda has seen a series of
crackdowns on those opposed to Museveni's rule, particularly around the 2021
election, with journalists being attacked, lawyers jailed, vote monitors
prosecuted, the internet shut down and opposition leaders violently muzzled.
Legal experts warned that the law will be used to
target government critics who are already operating in a shrinking civic
space.
Thirteen petitioners, including an online TV
station, lodged the first court challenge against the law last month, but no date
has been set yet for the hearing.
One of the petitioners, Norman Tumuhimbise, works
for Digital TV, which in March this year was raided by security agents. Nine of
its staff including Tumuhimbise were arrested and charged with computer misuse
and spreading false information.
A CALL TO ENHANCE
ACCESS TO JUSTICE: CHIEF JUSTICE DECRIES
SHORTAGE OF JUDGES AND MAGISTRATES
The
Chief Justice of Uganda, Alfonse OwinyDollorevealed that there's a need for
over 2,000 magistrates and over 150 judges in order to solve the problem of
case backlog in courts of law.
"The
target is to have a chief magistrate in every district and a grade one
magistrate per sub-county because without numbers we can’t go far
and if we can achieve this, then there’s no reason why a matter
should stay in court for more than one year,” he said.
The
Chief Justice made the remarks while opening a two-week induction of 17 judges
that have been elevated to the High Court. The event took place at the Imperial
Golf View Hotel in Entebbe last week.
He
also warned lazy and corrupt judicial officers to quit if they are not willing
to perform their duties in the existing environment.
The
Principal Judge DrFlavianZeija in his speech read by the High Court judge Musa
Ssekaana, said: “Our collective prime responsibility is to dispense the justice
needs of the people in our respective boundaries of service, in accordance with
the law. The exercise of judicial power is both an opportunity and a privilege
which comes with an overwhelming need to exercise great responsibility and
commitment.”
PROMOTING
THE RIGHT TO EDUCATION FOR EVERYONE: UNEB TO SET SPECIAL EXAM FOR P.7
CANDIDATES WHO MISSED PLE AFTER DIRECTOR VANISHED
The Education Minister, Janet Museveni directed the exam
body, UNEB to set a special paper for 23 primary seven candidates who missed
the PLE exam after their school director who was supposed to transport them to
where to sit the exams vanished.
The
23 candidates from St. Christine Primary School in Kakumiro District missed the
Mathematics paper after the school director who was supposed to was supposed to
chauffeur them to Mpasana Primary School where they were supposed to sit the
final exams from vanished and never returned.
The
candidates would later in the company of their teachers walk the 15 kilometre
journey but arrived one hour and 16 minutes when the exam had already started.
They
were not allowed to sit for the Mathematics exams. However, according to the
education minister, UNEB must organize a special paper for the 23 candidates.
According
to a statement by UNEB, a meeting between the exam body and the education
minister agreed that there were exceptional circumstances that saw the 23
pupils miss exams and this needed to be rectified by giving them a second chance.
CONCLUDING REMARKS
1.
The
institution of marriage still needs o be protected. The judgment of the Court
of Appeal is received with mixed thoughts as some people think it was far-fetched
while others think it is very welcome. Moving forward, there is a need for continued
engagement and sensitizing about the legality and sanctity of marriage so that
as many people as possible get to understand their rights and coinciding
responsibilities.
2.
The
move by the Uganda National Examination Board and the Ministry of Education to set special
exams for the 23 Primary Seven candidates who missed a math exam in Kakumiro
district is highly commendable. It should be noted that the right to education
is a fundamental human right provided for under Article 30 of the 1995 Uganda
Constitution and the State has the primary responsibility of ensuring that this
right is promoted and realized.
3.
Concerns
by the Chief Justice of Uganda, on the need for over 2,000 Magistrates and over 150 judges in order to
solve the problem of case backlog in courts of law, should be actualized by the
government with support from other key stakeholders including HRDs. The
judiciary continues to play a vital role in administering justice through
resolving disputes between citizens and between the State and citizens, Interpreting
the Constitution and the laws of Uganda, promoting the rule of law, and
protection of human rights of individuals and groups.
Thank
you for reading. Happy new week
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