HRCU WEEKLY UPDATE: ISSUE NO. 5 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 06TH TO 12TH
FEBRUARY, 2023
Dear
Reader,
Welcome
to this new week!
HRCU
is happy to share with you some of the updates from the human rights landscape that
unfolded last week.
The
major development was the termination of the Uganda Office of High Commissioner
for Human Rights (OHCHR) mandate by government through Ministry of Foreign
Affairs.
In
another exciting development, Ms. Brenda Akia a prominent woman human rights defender
took oath on Monday February 6, 2023 as a member of the United Nations
Committee on Elimination of Discrimination against Women (CEDAW). Ms. Brenda
Akia shared this thrilling news via her social media platform of Twitter:
https://twitter.com/BrendaAkia/status/1622571123865944067
The Committee on the Elimination of
Discrimination against Women (CEDAW) is an independent body of experts that
monitor the effective implementation of the of the Convention on the
Elimination of All Forms of Discrimination against Women. The CEDAW Committee
consists of 23 experts on women’s rights from around the world. Visit https://www.ohchr.org/en/treaty-bodies/cedaw to read more about this Committee
and its mandate.
On
Thursday February 9, 2023, Uganda National Examinations (UNEB) body released
the 2022 Uganda Certificate of Education results. The performance break down
compiled by Daily Monitor can be accessed via the link below:
INTERNATIONAL
HUMAN RIGHTS MECHANISM: UGANDA ENDS MANDATE OF UN HUMAN RIGHTS OFFICE
The Government terminated the operations of the
Office of the United Nations High Commissioner for Human Rights (OHCHR) in
Uganda.
OHCHR, a department of the United Nations
Secretariat, is mandated to promote and protect the enjoyment and full
realization, by all people, of all rights established in the Charter of the
United Nations and in international human rights laws and treaties.
The mandate includes preventing human rights
violations, securing respect for all human rights, promoting international
cooperation to protect human rights and streamlining the United Nations system
in the field of human rights.
The office has been in talks with the Government of
Uganda about the modalities of a continued presence in the country. On January
4, 2023, the office sent to the permanent mission of the Republic of Uganda to
the United Nations Office in Geneva an application for the renewal of the Host
Country Agreement between the Government of Uganda and OHCHR.
But the Ministry of Foreign affairs says that given
the strong government commitment to the promotion and protection of Human
Rights, the prevailing peace throughout the country, coupled with strong
National Human Rights Institutions and a vibrant Civil Society — with the
capacity to monitor the promotion and protection of human rights throughout the
country, it can no longer renew the mandate beyond the current term.
FIVE
TORTURE SURVIVORS ARRESTED AT UHRC OFFICES
Police are holding five torture survivors who were
arrested on Thursday last week morning at the offices of Uganda Human Rights
Commission (UHRC) in Kampala.
The five activists who included Moses Sserugga,
Richard Ssebuganda, Hussein Mukwaaya, Brian Ssemanda and one sserunkuuma,
under their umbrella body 'Torture Survivors Movement Uganda' had gone to UHRC
to deliver a petition calling for the resignation of the commission's
chairperson, Ms Mariam Wangadya whom they accuse of "inaction against increasing cases of rights violation by state
operatives."
Their arrest happened hours after police said on
Wednesday that they had gotten information about a planned demonstration in
Kampala before they warned against what they described as “illegal protests.”
THE
RIGHT TO FREEDOM FROM TORTURE: WE WON’T DEFEND OFFICIALS ON TORTURE – ATTORNEY
GENERAL
Attorney
General Kiryowa Kiwanuka cautioned government officials that his office will
not represent anyone sued in their individual capacity for carrying out illegal
arrests of citizens.
As the
chief legal adviser to the government, Mr. Kiwanuka said he does not entertain
illegal arrests.
“Right
Honourable Prime Minister, I have refused and I have written, if a person
is brought before me in a civil matter for which there is clear evidence of
torture, I have asked that individual to represent themselves,” Mr.
Kiryowa said last Friday during the opening of the new law year, 2023 in
Kampala.
Mr Kiryowa was responding to the president of the
Uganda Law Society, Mr Bernard Oundo, who complained about illegal arrests and
detention at the same event.
Mr Oundo said: “As a Bar, we are concerned about the
mode and manner of arrest which in some cases is dehumanising and contravenes
the basic constitutional provisions that require that anyone arrested is
informed of the reason for his arrest, given access to a lawyer and charged
within 48 hours .’’
During the 2021 general polls, several people said
to be anti-government were arrested by plain-clothed men and whisked away in
the infamous drones.
Source: https://www.monitor.co.ug/uganda/news/national/we-won-t-defend-officials-on-torture-ag-4113132
THE
RIGHT TO HEALTH AND ACCESS TO MEDICAL SERVICES: DON’T TREAT HOMOSEXUALS IN OUR
FACILITIES, SAYS MAJ. GEN TAKIRWA
The Deputy Commander Land Forces Maj. Gen Francis
Takirwa asked health workers to stop treating homosexuals in public health
facilities.
Maj. Gen Takirwa made the statement on Sunday when
the Uganda People’s Defence Forces (UPDF) commissioned and handed over
different projects to Mbarara District residents at the headquarters in
Bwizibwera.
“Don’t use our
health facilities to treat homosexuals, someone comes with pampers leaking and
wants treatment because he made a decision as if he didn’t have brains. No. No.
This is too much and unacceptable,” Maj Gen Takirwa said.
INTERNATIONAL
NEWS
NATURAL
DISASTER: POWERFUL EARTHQUAKE KILLS MORE THAN
3,700 IN TURKEY, SYRIA
A powerful 7.8 magnitude earthquake rocked wide
parts of Turkey and Syria early Monday February 6, 2023, toppling hundreds of
buildings and killing more than 3,400 people, with more residents believed to
be trapped under the rubble.
The epicentre of the pre-dawn earthquake was near
Gaziantep, close to the Turkey-Syria border, and it was followed by a separate
magnitude 7.5 earthquake about 100 kilometers (62 miles) north in the early
afternoon.
On both sides of the border, residents were jolted
awake as they rushed outside on a cold, rainy and snowy night. Many buildings
were flattened into piles of pancaked floors, with aftershocks continuing to
rattle the region.
Officials in Turkey said at least 2,316 people were
killed with more than 13,000 injured. They said more than 7,800 people had been
rescued and that at least 5,600 buildings had collapsed. Syria reported 1,444
deaths and about 3,500 people injured, according to figures from the Damascus
government.
Turkish President Recep Tayyip Erdogan said, "Because the debris removal efforts are
continuing in many buildings in the earthquake zone, we do not know how high
the number of dead and injured will rise."
Meanwhile, countries around the world were rushing
to send rescue workers, equipment and medical aid to Turkey and Syria.
Erdogan said 45 countries had offered to help with
search and rescue efforts in Turkey. Turkey is in one of the world's most
active earthquake zones.
In 1999, more than 17,000 people were killed when a
7.4-magnitude earthquake — the worst to hit Turkey in decades — struck near
Duzce, in the northwest of the country.
Source: https://observer.ug/news/headlines/76738-powerful-earthquake-kills-more-than-3-700-in-turkey-syria
CONCLUDING
REMARKS
1.
Remarks by the Attorney General Kiryowa Kiwanuka on
defending officials on acts of torture as highly welcomed. These remarks are
key for strategic advocacy by HRDs on the right to freedom from torture and
inhumane treatment. Mr. Paul Mukalere a human rights lawyer working as an Advocacy
and Communications Officer at ACTV notes that "The pronouncement by the Attorney General is welcome. We need to
advance from rhetoric to action. Our Anti Torture Laws are not only
comprehensive but also clear. A lot of money is lost by the State in
compensating victims and survivors of Torture yet our Prevention and
Prohibition of Torture Act, 2012 provides for individual liability. Besides, I
think It would be in order to imply that the pronouncement by the Attorney
General means that officials implicated in acts of Torture will be investigated
and prosecuted if found guilty. We need to move away from administrative
sanctions. Only then can we invoke deterrence to reap from prevention and
accountability."
2.
The right to health and access to medical services
is very fundamental which among other rights, links with the right to life as provide for
under Article 22 of the 1995 Uganda Constitution. Therefore, this right needs
to be promoted and enjoyed by all citizens without any form of discrimination
or denial irrespective of race, sex, gender identify and orientation among
others.
3. HRCU
expresses its heartfelt and sincere condolences to the families that lost their
loved ones and wish a quick recovery to those nursing injuries from the Turkey-Syria
border devastating earthquake. The call goes to the world at large to
unite and extend the necessary support such as, rescue services, food, shelter,
non-food items and medicines to the victims.
4.
The right to freedom of expression is provided for
under Article 29 of the 1995 Ugandan Constitution. Duty bearers must ensure
that citizens fully exercise and enjoy this right and also accord the necessary
support. Acts that infringe on the enjoyment of the right herein should be faulted.
Accordingly, law enforcers must always apply the human rights based approach
while on duty. Any arrests must be within the law and suspects must be treated
with the utmost dignity.
Thank
you for reading!
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