HRCU WEEKLY UPDATE: ISSUE NO. 01 OF 2023
THE HUMAN RIGHTS
CENTRE UGANDA (HRCU)
WEEKLY UPDATE ON KEY
EMERGING HUMAN RIGHTS ISSUES WITHIN THE WORKING ENVIROMENT OF HRDS IN UGANDA
THE WEEK OF 9TH
TO 15TH JANUARY 2023
Dear
reader,
Happy New Year, 2023!
HRCU welcomes you to this New Year, mindful that a new year usually comes with new
projections, opportunities and desirable achievements.
At HRCU, we remain committed to the effective implementation of our
mandate which is contributing to the promotion, protection and fulfillment of
human rights, particularly those of HRDs across the country and the region at
large. In addition, we look forward to strengthening further existing
partnerships with our key development partners, creating new networks with HRDs
for enhanced advocacy initiatives.
HRCU
looks forward to your usual collaboration and solidarity as we together work
towards improving on the situation of human rights protection and promotion and
the working environment of HRDs across the country.
One of the major highlights from last week was the nullification of section 25 of the Computer Misuse Amendment Act, by the High Court at Kampala. Please read the full judgment here compiled by The Independent: https://www.independent.co.ug/offensive-communication-is-not-an-offence-court-rules/
In other Civil Society news, information is that Development Network of Indigenous Voluntary Association(DENIVA) has a new Acting Executive Director (Mr. Peter Magela Gwayaka). Please find more information on www.deniva.or.ug
HEALTH WATCH
EBOLA
WATCH: WHO DECLARES UGANDA EBOLA FREE
Uganda on Wednesday January 11, 2022 declared an end
to an Ebola virus outbreak that emerged almost four months ago and claimed the
lives of 55 people.
"We have
successfully controlled the Ebola outbreak in Uganda," Health Minister
Jane Ruth Aceng said at a ceremony in the central district of Mubende, where
the disease was first detected in September.
The move was confirmed in a statement issued by the
World Health Organization (WHO), whose chief Tedros Adhanom Ghebreyesus hailed
the East African country's "robust and comprehensive response" to the
widely-feared haemorrhagic fever.
WHO said in total there had been 142 confirmed
cases, 55 confirmed deaths and 87 recovered patients, with children among the
victims.
Uganda's outbreak was caused by the Sudan Ebola
virus, one of six species of the Ebola virus and for which there is currently
no confirmed vaccine.
KEY
EMERGING HUMAN RIGHTS ISSUES
ROAD ACCIDENTS AND THE
RIGHT TO LIFE: ROAD CRASHES CLAIMED 120
LIVES IN FESTIVE SEASON
At least 120 people lost their lives in road
accidents in the last 16 days, the Monitor has learnt.
According to police reports, between December 23 and
January 7, more than 120 people died and scores sustained serious injuries due
to road accidents across the country. The major accidents that rocked the last
days of 2022 and the 2023 debut week are; the Masaka-Mbarara road crash which
claimed 10 lives on December, 28; Buloba multi-car crash along the
Kampala-Mityana road killing 3 family members, on December 30, and the
Kabale-Ntungamo road crash which left at least 6 people dead on the same day.
Addressing the media last week, the traffic police
spokesperson, Ms. Faridah Nampima revealed that 55 died in road accidents
between December 23 and December 26, 2022, while 212 sustained serious
injuries. Between December 30, 2022, and January 1, 35 deaths were registered
from 104 road crashes.
ACCESS
TO JUSTICE: DEPUTY CJ CAUTIONS
JUDGES AGAINST "FEELING TOO
IMPORTANT", HANDING OUT HARSH SENTENCES
The
deputy chief justice Richard Buteera cautioned judicial officers against
"feeling too important" and being inclined on creating fear amongst
the general public.
With
this, Buteera said , many suspects have henceforth been unnecessarily harassed,
remanded and handed harsh sentences on even flimsy charges which has ended up
clogging prisons and creating a case backlog.
Buteera
said some judicial officers lack decorum, common courtesy and proper public
relations - coming late for sessions, unnecessarily adjourning cases,
absconding from duty among others.
"It is also true that some of our judicial
officers in the old system imagine, that for you to be a magistrate and to be
recognised, you have to show people that you're powerful....I visited a prison
in Mubende as chief magistrate, and I found someone on remand for contempt of
court. But what had he actually done? He walked in court and forgot to remove
his cap and he was on remand. He reported to court, after two weeks he was
remanded again. Really for putting on a cap? So these are the things that
should be addressed," said Buteera.
Buteera
was presiding over Entebbe Chief Magistrate court open day, a day when court
invites court users and members of the public for an interaction about its
operations and also hear their concerns.
To
address case backlog, Buteera said they should always try the alternative
dispute resolution before going for lengthy litigation. Other solutions
proposed included taking claims below Shs 10 million to the small claims court
and those on criminal charges to be encouraged to bargain with the state for
smaller sentences in exchange for pleading guilty. A moot court was acted to
show the public how plea bargain works in practice.
He
urged magistrates to prioritise cases on the basis of first come first serve
while always giving consideration to vulnerable groups like children, the
disabled, the elderly, sick and widows. Present at the function were justices
Alex Mackay Ajiji, deputy head of the High court criminal division and senior
presidential advisor Amos Ngoloobe who is also retired deputy director of
criminal prosecutions. Entebbe Chief Magistrate court last held the event in
2018.
Source:
https://observer.ug/news/headlines/76521-54-trafficked-ugandans-died-abroad-in-2022-police
FREEDOM OF EXPRESSION:
COURT NULLIFIES SECTION 25 OF COMPUTER
MISUSE ACT
The Constitutional Court nullified section 25 of the
Computer Misuse Act which relates to using electronic devices to willfully
disturb the peace of another.
The above section has been constituting a charge of
offensive communication that was carrying a maximum penalty of 5 years upon
conviction.
In a unanimous decision by 5 justices, it has
been agreed that “section 25 of the
Computer Misuse Act be scrapped for not only being vague or overly broad to
define the actual offence committed.”
Court also ruled that the section “curtails inherent
freedoms of speech and expression that are guaranteed in the
Constitution.”
The panel led by Deputy Chief justice Richard
Buteera further ruled that it would be unjustified to maintain this section of
the Act in a free and Democratic society when Uganda covenanted to
International treaties on freedoms and people’s rights.
Hence the court declared section 25 as ambiguous and
irrelevant and proceeded to award costs to the two petitioners including human
rights activists Andrew Karamagi and Robert Shaka.
THE
RIGHT TO ADEQUATE HOUSING:
LAWYER KALALI
FRUSTRATED OVER POLICE HOUSING CASE
Human Rights Lawyer Steven Kalali expressed his
frustration over the failure by the high court to hear his case in which he
sued government over the poor and dilapidated housing of police officers in the
country that are below the rank of Assistant Inspector General of Police-AIGP.
In April 2022, Kalali filed the said
application seeking court to compel government to provide decent housing
for police officers as a human rights necessity, however up to date, the case
has never been heard.
When the matter came up on Wednesday January 11, 2022
, he was rather informed by the Court's Deputy registrar Agnes Alum that
Presiding Judge Dr.Douglas Singiza was currently handling Election
petitions.The case was further adjourned to the 19th of
April 2023.
But an affidavit sworn in by an officer at the
rank of AIGP, only identified as Richard indicate that police officers
below the rank of AIGP are entitled to decent shelter in pursuit of their work
and that government has been dispersing money to them to cater for
accommodation. Kalali is contesting this affidavit and claims that the money
given is not enough.
Some police officers are living in sorry and
dilapidated housing that were built way back in the 1930s, like those in
Jinja police barracks and Nsambya.
In his application, Lawyer Kalali says that
police officers should not live in such places that are unfit for
human habitation.
He states that due to the sorry state of their
accommodation and living, some police officers have resulted to
Misusing the gun while in pursuit of their work which is a danger to
society.
Source: https://capitalradio.co.ug/news/2023-01-12-lawyer-kalali-frustrated-over-police-housing-case/
CONCLUDING
REMARKS
1.
It’s important to note that the Constitution has the
primary objective of protecting rights and fundamental freedoms of citizens.
The right to freedom of expression is a fundamental right guaranteed under Article
29 of the 1995 Uganda Constitution and therefore, the nullification of
section 25 of the Computer Misuse Act by the High Court, is projected to further protect the right to freedom of
expression and other rights entailed in.
2. The right to adequate housing is recognized under international human rights law and the "United Nations Committee on Economic, Social and Cultural Rights has underlined that thus right should not be interpreted narrowly. Rather, it should be seen as the right to live somewhere in security, peace and dignity". Therefore, housing conditions of security officers especially the Police is a critical matter which should not be taken lightly because much as Police officers are enforcers of the law, they play a key role as HRDs whose rights including the right to adequate housing need to be promoted.
T Thank you for reading!
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