HRCU WEEKLY UPDATE: ISSUE NO. 4 OF 2023
THE HUMAN RIGHTS CENTRE UGANDA
(HRCU)
WEEKLY UPDATE ON THE KEY EMERGING
HUMAN RIGHTS ISSUES WITHIN THE WORKING ENVIRONMENT OF HRDS IN UGANDA
THE WEEK OF 30TH JANUARY
TO 05TH FEBRUARY, 2023
Dear
Reader,
Good
morning! Welcome to the week and month of February 2023! May all your days in
this new month be filled with fruitfulness and victory.
In
the course of last week, several human rights concerns arose and among these
were; the right to health and shortage of drugs in government hospitals where
by the Minister of Health Dr. Jane Ruth Aceng and National Medical Stores
attributed the stock outs to delayed funding.
The
continued detention without trial by a group of National Unity Platform
supporters whom were arrested in May 2021, and their trial in the General Court
Martial despite a ruling by the Constitutional Court in December 2022 on the
same matter.
Additionally,
HRDs from Kenya on Monday January 30, 2023 marched in the streets of Nairobi to
stand in solidarity and condemn murders of rights advocates in Kenya and Africa
at large. This also came after the gruesome murder of human rights lawyer Thulani Maseko which occurred on January 21,
2023.
Photo/ https://twitter.com/DefendersKE/status/1619978786258448385/photo/1
KEY EMERGING HUMAN
RIGHTS ISSUES
2023/2024 BUDGET:
PARLIAMENT APPROVES SHS 50 TRILLION BUDGET FRAMEWORK
Parliament
passed the Budget Framework Paper worth Shs 49.98 trillion for the next
financial year 2023/2024. This is in line with the Public Finance Management
Act, 2015 which sets February 1 as the deadline for the House to approve the
framework.
It
was approved on Tuesday January 1, 2023 during the plenary sitting chaired by
deputy speaker of parliament, Thomas Tayebwa. It followed a debate by MPs on
the budget committee report and a minority report authored by shadow minister
of Finance Muhammad Muwanga Kivumbi.
The proposed Shs 49.98 trillion national budget will be financed through domestic revenue equivalent to Shs 28.83 trillion, budget support amounting to Shs 2.491 trillion, domestic borrowing Shs 1.585 trillion, external project support worth Shs 8.04 trillion, domestic refinancing of Shs 8.798 trillion, and local revenue for local government (AIA) of Shs 238.5 billion.
The budget theme has been maintained as “Full Monetization of the Ugandan Economy through Commercial Agriculture, Industrialization, Expanding and Broadening Services, Digital Transformation and Market Access."
Government's key priorities include the construction of the Standard Gauge
Railway and finalization of the rehabilitation of the Meter Gauge Railway under
the Integrated Transport programme (Shs 4.65 trillion); investing in
small-scale solar-powered irrigation as well as addressing climate change and
food security under Agro Industrialization Programme (Shs 1.499 trillion) and
others.
The other priorities are constructing power service stations and transmission
lines under the Sustainable Energy Development programme (Shs 1.2 trillion) and
capitalization of Uganda Development Bank (UDB) and Uganda Development
Corporation (UDC) to continue supporting private sector development, recovery
and economic transformation under the Private Sector Development (Shs 1.798
trillion).
Source:
https://observer.ug/news/headlines/76705-parliament-approves-shs-50-trillion-budget-framework
THE
RIGHT TO HEALTH: NATIONAL MEDICAL STORES BLAMES DRUG STOCK-OUTS ON FINANCIAL
BOTTLENECKS
The
National Medical Stores (NMS) revealaed on Monday January 31, 2023 that
financial bottlenecks have crippled its operations across the country this
financial year. Ms. Sheila Nduhukire, the NMS spokesperson, said via telephone
that “The delays in the
distribution of medicines ... have largely been as a result of lack of timely
payment of funds for distribution.”
“These issues have been brought to the
attention of the Ministry of Finance, Planning and Economic Development and
Ministry of Health,” she said, adding, “We are confident that they will be
resolved soon so that we can deliver the medicines as we have always done
before.”
This
follows a public outcry from health facilities across the country that are
grappling with anywhere between two and three missed cycles of supply.
Ms.
Nduhukire told us that NMS distributes medicines monthly to national referral
hospitals and once every two months to regional referrals and below.
While
appearing before the House Committee on Health on January 10, Mr. Moses
Kamabare - the NMS general manager--requested an extra Shs298 billion in the
budget for financial year 2023/2024.
THE RIGHT TO A FAIR
TRIAL: JAILED NUP SUPPORTERS PROTEST DELAYED TRIAL
Thirty-two
(32) jailed National Unity Platform (NUP) supporters have protested delayed
trial before the General Court-Martial at Makindye.
The
group led by Muhdyin Kakooza asked the court’s chairman, Brig. Gen Freeman
Robert Mugabe why they were produced in court but prosecution witnesses did not
turn up. The youthful NUP supporters were arrested in May 2021 and have been
kept on remand at Kitalya prison to date.
As
they appeared before the Court Martial on Tuesday January 31, 2023 for trial to
proceed, prosecution’s team led by Maj. Elly Karuhanga informed court that
their witness is not in court and therefore trial couldn’t go ahead.
This
prompted Kakooza to loudly protest at prosecution’s submissions while ordering
the court to at least convict them and start serving their respective sentences
instead of keeping them on remand.
Kakooza
was immediately apprehended by the Court Martial orderlies, dragged out of the
dock, and returned back to court cells.
After
the said fracas, Brig Gen Freeman ordered that the suspects return to court on
February 21, 2023 when prosecution and defence have reached a common ground.
Source: https://www.kfm.co.ug/news/jailed-nup-supporters-protest-delayed-trial.html
PROMOTION
OF ACCESS TO JUSTICE: MUSEVENI: WITH OR WITHOUT MONEY, WE CAN HAVE JUSTICE
President Yoweri Kaguta Museveni told
Judges that justice can be served with or without money.
The
President was addressing Judges of the High Court, Court of Appeal and Supreme
Court at their 24th Annual Judges Conference at Mestil Hotel, Kampala on Monday
January 30, 2023.
“Should we say that a country without enough
money will have no Justice? Is that really what we are saying…that a country
without enough money shall have no justice? Me, my answer is when we were in
the bush, controlling the Luwero triangle we were having very serious justice
without money. I was both Chief Justice and President,” said Museveni.
The
President’s statement followed Chief Justice, Alfonse Owiny-Dollo’s speech in
which he observed that due to inadequate funding to the judiciary, it does not
enable them recruit the required number of judicial officers and taking justice
closer to the people.
He
said that the three arms of government will need to agree on the issue of
prioritization depending on the available resources..
The
24th Annual Judges Conference was held under the theme “The Judiciary Transformation Agenda: Enhanced Access to Justice.”
Chief
Justice Dollo said that their agenda is geared towards enhancing access to
justice services across Uganda.
Source: https://www.independent.co.ug/museveni-with-or-without-money-we-can-have-justice/
PROMOTING THE RIGHT TO
EDUCATION: SCHOOLS
TOLD TO REVIEW SECURITY MEASURES AS NEW TERM STARTS
As
learners prepare to return for the first term of this academic year, security
agencies have asked school administrators to review child protection measures.
Schools
will officially reopen for the first term next week on Monday 6th February
2023.
Fred
Enanga, the police spokesperson, noted that the school administrators need to
review their safety measures before they reopen for the first term or start
admitting learners into their schools.
Addressing
the media at Police headquarters Naguru, Enanga said that school administrators
will also need to revisit their security emergency procedures for use in case
of any emergency, especially fire outbreak.
He
asked parents to help children memorise contact information like home telephone
numbers, full names of their parents as well as school office contacts that can
be useful in case of any emergency.
Enanga
advised parents not to put full names while labeling properties for
identification as this can be taken advantage of by kidnappers.
He
also cautioned teachers to be aware of incidents of kidnaps and bullying which
always occur in schools especially at the start of the term, and try to protect
the learners.
MINORITY RIGHTS: NINE ETHNIC GROUPS
SEEK INCLUSION IN CONSTITUTION
The Equal Opportunity Commission
(EOC) on February 2, 2023 called for amendments to the 1995 Constitution so as
to recognise nine indigenous groups.
The EOC’s proposed groups are the Benet (Kween District), Bakingwe and
Bagabo (Kasese District), Maragoli (Kiryandongo, Masindi and Hoima ),
Haya (Rakai district), Basese, Bagaya, Masopike and the
Meru.
During an engagement with the
representatives of ethnic minority groups in Kampala last week, the EOC
Chairperson, Ms Safia Nalule Juuko said there is a need to include the nine
groups in the Constitution.
Ms Nalule added that once the groups are acknowledged, they will benefit from
government empowerment programmes like the Parish Development model, which
targets low income earners.
ENFORCED
DISAPPREARANCE: NABBANJA, OPPOSITION MEET OVER MISSING UGANDANS
Prime
Minister Robinah Nabbanja revealed that a section of missing persons are
hard-core criminals and are set to be prosecuted.
She
made the revelation after convening a closed-door security meeting with members
of the opposition and other stakeholders over alleged abductions and
kidnappings of Ugandans by the security agencies at the office of the Deputy
Speaker of Parliament, Thomas Tayebwa.
Nabbanja
said some of the criminals have been identified and others are yet to be
identified.
Asked
to give further details of the said closed meeting between government and
opposition, Nabbanja declined to divulge details and insisted that a thorough
report will be presented. She however blamed the opposition for not cooperating
with the government over the alleged missing persons which she said is making
the process of identifying them difficult.
Speaking
to the media after the meeting, the Leader of Opposition Mr. Mathias Mpuuga
threatened that an alternative report on the same would be tabled in case the
government fails to deliver the report as promised during the meeting.
Mr.
Mpuuga also revealed that the government had listed only five members that were
said to be under state custody as opposed to the 25 listed by the opposition
side.
In
his communication to the plenary session, Tayebwa promised that the report
would be tabled by the House on Thursday February 2, 2023.
Source:
https://www.kfm.co.ug/news/nabbanja-opposition-meet-over-missing-ugandans.html
CONCLUDING REMARKS
1.
Guaranteeing
access to justice is indispensable to respect for human rights and fundamental
freedoms, democratic governance and the rule of law, as well as to countering
inequality and exclusion especially from elements of justice and fairness. Remarks
by H.E Yoweri Museveni calling on judges to ensure promotion of justice with or
without money are valid and highly welcomed. However, in this modern time,
effective facilitation and support of the judiciary remains key. Continued
investment and adoption of technology in the judiciary should be Government
priority. Therefore, the call goes to other key stakeholders such as non state
actors, developments partners and international agencies to collectively
support the judiciary in carrying out its work of dispensing justice.
2.
Health
is a matter of great concern to all human beings; as a matter of fact, human
beings consider their health and well being as the most basic asset since it
promotes the right to life. Concerns on the shortage of essential drugs in
public hospitals are a threat to the enjoyment of the right to Health. The 1948 Universal Declaration of
Human Rights notes health as part of the right to an adequate standard of
living (art. 25). The right to health promotes other rights which include the
right to life. The right to health is recognized as a human right in the 1966
International Covenant on Economic, Social and Cultural Rights (ICESCR).
3.
As
schools reopen, HRCU adds to the call by security agencies on the need for
schools and parents to observe some security tips provided for by the Uganda
Police. Safety and security of learners remains priority as they acquire
education. Parents and schools can access the guidelines by the Uganda Police
here: https://www.upf.go.ug/safety-and-security-tips-as-schools-reopen/
4.
In
this new financial year 2023/2024 and in accordance with the National
Development Plan III, HRDs look forward to the inclusion and prioritization of
human rights and access to justice elements by government in the upcoming
financial year. There is also the need for government to prioritize and focus
mainly on interventions that will finalize and
lead to implementation of the Uganda National Action Plan on Human Rights and
demand for accountability especially from duty bearers.
5.
HRDs
must continue to stand in solidarity, speak and act against threats, violence
and attacks. The work of HRDs is not criminal rather for the good of citizens
and countries, as it helps to ensure that citizens fully enjoy their
international recognized human rights and fundamental freedoms.
6.
The
protection and promotion of rights of minorities is internationally recognized under
instruments such as the Declaration on
the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic
Minorities and nationally provided for under Article 36 of the 1995 Uganda Constitution.
Therefore, the government of Uganda must enhance measures and mechanisms to ensure
that minorities fully enjoy their rights. Programs such as the Parish Development
Model should benefit all Ugandans including the minorities.
Thank you for reading.
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