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.

The wreckage of the bus that rammed into a stationary trailer along Kampala-Gulu highway, killing 16 people on January 6, 2023. PHOTOS/ COURTESY  

Source: https://www.monitor.co.ug/uganda/news/national/road-crashes-claim-120-lives-in-festive-season-4080572

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.

Deputy chief justice Richard Buteera meeting with judicial officials in Entebbe 

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.

Source: https://www.monitor.co.ug/uganda/news/national/court-declares-section-25-of-computer-misuse-null-and-void-4081782

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.

Jinja Police barracks.  Image: Courtesy photo

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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