HRCU WEEKLY UPDATE: ISSUE NO.7 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 20TH
TO 26TH FEBRUARY 2023
Dear
reader,
Welcome
to this week’s edition of the updates on human rights and key emerging issues
within the working environment of human rights defenders in the country.
Human
rights are natural entitlements that apply to every individual regardless of
their race, gender, religion, or nationality. They are universal in principal and
are protected by national and international laws with the aim of ensuring that all
individuals have basic freedoms and are treated with dignity and respect.
HRCU
also aims at raising awareness about the
highlighted human rights issues, share
information and resources, and promote a greater understanding of the concept
of human rights and human rights defenders. We hope that through these updates,
we can inspire action and make a positive impact on the lives of those who are
most vulnerable and working tirelessly to advance rights and fundamental
freedoms.
DIGITAL
RIGHTS: NGOS ASK GOVERNMENT TO REVISE INTERNET TAX
Civil society organizations under their umbrella
body of the East African Budget Network have asked the government of Uganda to
review taxes on the internet and smart phones ahead of the financial year
2023/24, which starts on July 1, 2023.
Julius Kapwepwe, the coordinator of the East
African Budget Network – a non-governmental organization that represents several
civil society organizations in East Africa, criticized the high cost of
accessing the internet in Uganda. Kapwepwe noted that a possible tax increase
on internet usage in Uganda would affect the already narrow internet
penetration in the country, which stands at 52 per cent as of 2022 data.
This, he said, would also delay the attainment of
Uganda’s Digital Vision 2040. Uganda’s Digital Vision 2040 seeks to empower and
encourage citizens to adopt mature and emerging technologies to achieve the
goals of universal inclusion, sustainable development, economic progress and
poverty eradication through digital innovation.
Jane Nalunga, the Executive Director of SEATINI, a
non-governmental organization (NGO), working on trade, fiscal and
development-related issues for the realization of sustainable development and
improved livelihoods in Uganda, said it is time for the government to repeal
the tax on the internet as well as reduce or rescind tax on internet- enabled
devices such as smart phones to hasten the realization of a digital economy.
Source: https://observer.ug/news/headlines/76927-ngos-ask-government-to-revise-internet-tax
OPPRESSIVE LAWS AGAINST NGOs: CONSTITUTIONAL COURT
HEARS APPEAL TO CONTROVERSIAL NGO LAW
Uganda's Constitutional Court on Friday February
24, 2023 heard a challenge to a contentious law that rights activists say gives
the government unprecedented powers to regulate civil society and its
membership.
The petitioners said it subjects non-governmental
organisations "to such extensive
government control and interference" that it could breach rights to
free expression and association guaranteed under Uganda's Constitution.
The challenge was brought by Chapter Four Uganda
and the Center for Constitutional Governance, which claimed provisions in the
legislation allowed authorities to shut down an organisation for "overly broad and vague" reasons.
It is the first challenge to the Non-Governmental
Organisations Act, 2016 to be heard by the court. A date for a ruling has not
been set.
The five justices rejected a request by a UN
Special Rapporteur to participate in the petition on the grounds that his
written submission revealed he was "not impartial".
The government has defended the law, saying it was aimed at supporting rights
groups and aid agencies.
PROMOTING THE RIGHT TO HEALTH: HOSPITALS BARRED FROM DETAINING PATIENTS OVER MEDICAL BILLLS
The High Court in Kampala has again ruled that the
practice of private hospitals detaining patients who fail to pay their medical
bills is illegal.
In a case filed by the Center for Health, Human
Rights, and Development-CEHURD and Mugerwa Raymond, suing through his father
Sentongo Robert, High Court Judge Douglas Singiza ruled that hospitals are not
legal detention centres and therefore cannot purport to retain anybody
regardless of the circumstances.
According to court documents, Mugerwa Raymond was
detained by Jaro Hospital in Kyaliwajjala after he failed to pay the bill
arising out of a surgery that had been performed on him following an accident.
Mugerwa was involved in a car accident along
Kyaliwajala road and taken to Jaro Hospital where he was admitted for emergency
treatment on July 23, 2022. Mugerwa’s father Ssentongo sought a referral to a
public health facility as he feared the medical bill at this private health
facility.
Source: https://www.independent.co.ug/hospitals-barred-from-detaining-patients-over-medical-billls/
ANNUAL CRIME REPORT 2022: POLICE REGISTERS INCREASE
IN CRIME FOR YEAR 2022
The Police Annual Crime Report 2022 released last
week by the Inspector General of Police Martins Okoth Ochola indicated that
crime rate in 2022 increased by 18% from 196, 081 in 2021 to 231,653 in 2022.
The annual crime report covered a period from 1st
January to 31st December 2022.While releasing the report, the IGP Ochola
attributed the increase to full reopening of the economy after the COVID-19
lockdown and growing confidence to report crime to Police. Out of the cases reported
to Police; 103,874 cases while 26,749 cases were not proceeded with.
According to the report, a total of 239,988 persons
were victims of crime whom 140,861 were male adults, 61,859 were adult females,
11,224 were male Juveniles, 26, 043 were female juveniles. Ochola said theft
was on increase to 61508 compared to 43583 reported in 2021 while assaults were
on increase from 29317 to 32041 in 2022.
The report also indicated that domestic violence
cases increased to 17698 from 17533 reported in 2021 where's cases of breaking
have shot up by 36% to 13826 from 10,148 in the previous year.
Image: Robert Ssegawa
Source: https://capitalradio.co.ug/news/latest/2023-02-22-police-registers-increase-in-crime-for-year-2022/
HOIMA: LANDS MINISTER REINSTATES 500 FAMILIES FORCEFULLY EVICTED
The Minister for Lands, Housing and Urban
Development, Judith Nabakooba last week reinstated over 500 families that were
evicted from their homes on approximately 5 square miles of land in Kapapi and
Kiganja sub-counties in Hoima district.
A team of police officers backed by private guards
forcefully evicted the affected people mainly cultivators and pastoralists,
from their homes in Waaki North, Kapapi Central, Waaki South, Runga, and
Kiryatete villages in Kapapi and Kiganja sub-counties on Saturday February 18,
2023. More than 50 homes were set ablaze and an unspecified number of animals
including cows and goats looted during the brutal eviction operation.
The residents are feuding with Moses Asiimwe, a
tycoon in Hoima city who they are accusing of conniving with security to grab
their land. Some of the evictees have since pitched camp at Rwenyana Gospel
Church in Kapaapi sub-county while others are scattered in the neighboring
villages where they sleep in the cold.
Nabakooba also directed the immediate release of
the eleven people who were arrested and charged with criminal trespass and
malicious damage for opposing the unlawful eviction exercise.
David Karubanga, the Kigorobya county Member of Parliament
wants the Hoima district security committee investigated for conniving with
land grabbers and putting hundreds of families in the tension of being evicted.
Kadir Kirungi, the Hoima LC V Chairperson too
faults security in the district for fueling land conflicts, saying that there are
more than 18 pending evictions in various parts of the district.
Source: https://www.independent.co.ug/hoima-lands-minister-reinstates-500-families-forcefully-evicted/
CONCLUDING REMARKS
1.
The
ruling by the High Court at Kampala barring hospitals from detaining patients
over unpaid medical bills is timely and welcomed. Detaining patients in
hospitals over unpaid bills is a violation of human rights, ethically and
morally wrong and contrary to the ethics of healthcare whose primary goal is to
provide care and support patients, regardless of their ability to pay.
Additionally, detaining a patient is a violation of the patient's freedom as they are held
against their will.
2.
The
government of Uganda should not be exceedingly strict on the work of NGOs
because these organizations play an important role in promoting civic engagement,
providing critical services, holding government accountable, promoting
innovation, and protecting human rights. Instead, the government should
continue to put in place measures and favorable laws that fully support the
working environment of NGOs.
4.
HRCU
congratulates the Uganda Police for releasing the 2022 annual crimes report. The
annual crime report is an essential tool for understanding and addressing crime
in Uganda. By analyzing this data and using it to inform policies and strategies,
law enforcement officials and other security agencies and policymakers can work
to prevent and reduce crime. In addition, the report is key in addressing some
of the crimes committed against HRDs.
Thank you for joining
us on this journey to promote and protect human rights for all.
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